"Walking ticket" refers to some of the drug business qualification, but master a more fixed sales channels and drug sources of the intermediary (mainly natural persons), through the attachment of legitimate drug business enterprises, in the payment of a certain amount of tax or "management fee" after their own behavior "legitimate" activities. After paying a certain amount of tax or "management fee", the activity of "legitimizing" one's own drug business behavior. The essence is that unlicensed operators use the bills of licensed enterprises to carry out pharmaceutical business activities.
In the field of medicine and health, there are some such as doctors to give kickbacks and other "unspoken rules", these "unspoken rules" like an invisible wall, so that those who do things by the rules of the wall, but also to promote the field of medicine and health of the unhealthy wind. At present, the ongoing national governance of commercial bribery special action, like a heavy fist, smashed in the traditional pharmaceutical agent sales method of the soft underbelly, so that the individual agent-based pharmaceutical distributor groups on tenterhooks. But to really eliminate these "unspoken rules", standardize the field of medicine purchase and sale, but also focus on rectification to "walk the ticket" to make a living in the pharmaceutical company.
Currently, China's pharmaceutical companies and salespeople engaged in the business have a strict access system and management requirements, companies engaged in pharmaceutical sales activities, to provide "business license", "imported drug inspection reports", "marketing personnel induction certificate" and other relevant documents and VAT invoices. As a result, many individuals engaged in pharmaceutical product sales activities (known in the industry as intermediaries or marketing natural persons) are attached to a pharmaceutical company. When the intermediary and the hospital settlement, it is necessary to go in the affiliated pharmaceutical company, for which the pharmaceutical company will get a certain percentage of the invoicing commission, which is the "go".
Most of the intermediaries do not have legal personality, they are in all parts of the familiar contacts, firmly in control of the distribution of drugs in major hospitals around the right. They act as agents for the products of upstream pharmaceutical companies and enter hospitals through affiliated pharmaceutical companies. There are several sources of these people: the first is the pharmaceutical representative of the early joint venture, after mastering the hospital terminal resources, they come out to undertake varieties of solo; the second is the salesman of some large domestic pharmaceutical companies in various places, after getting through the relationship of the local major hospitals, to stay in the region to do it themselves; the third is a doctor; the fourth is a number of people who have a close relationship with major hospitals around the world, such as the health department's affiliated groups, friends and family of hospital leaders.
The reason why intermediaries have to "walk the check" is to get cash. Because hospitals pay commercial companies by check, and commercial companies deal with drug companies by check, the kickbacks to doctors can only be in cash.
For example, if the sales price is $100 for a drug, the intermediary takes it from the manufacturer for $10 and then gives it to the commercial company for $65, and the commercial company earns a billing fee of 3% to 6% of the face price (the line price). On the surface, the intermediary has a profit of $55, but in reality, they must give $30 to the doctor to ensure that the doctor is "interested" in the drug. In addition, the intermediary's profit has to be divided by the pharmacy's prescription fee, departmental interaction fee, doctor's individual visit fee, doctor's relationship maintenance fee, salesman commission and so on other costs, so that the real remaining profit is not much. As a result, many intermediaries and pharmaceutical companies are also evading taxes through tax stamps for their own survival needs -- in the entire sales process of the drugs, the only thing that goes is the ticket, and the drugs are actually sent directly from the pharmaceutical company to the commercial company that finally distributes the drugs to the hospitals.
It is understood that a significant portion of the current secondary agents in the drug market are intermediaries in the business. The existence of this group has disrupted the normal order of the pharmaceutical market. The current national governance of commercial bribery, rectify the action of the pharmaceutical market has begun to bear fruit, the next step to carry out tax governance, those illegal and irregular operation of commercial companies, intermediaries will certainly be cleaned out. The market environment is cleaned up, the middle of the drug profit-taking layer is reduced, the price of drugs can be truly reduced.
With the increase in supervision, the unlicensed operation of drugs is becoming more and more covert, the lawless elements in order to avoid supervision, have to use the "ticket" as a means of unlicensed operation of drugs. The so-called "go ticket" refers to some of the drug business qualification, but grasp the more fixed sales channels and drug sources of natural persons, through the legal drug business enterprises, in the payment of a certain amount of tax or "management fee", will be their own drug business behavior "legitimate" activities. Its essence is that there is no drug business qualification of natural persons using the licenses of licensed enterprises, bills for unlicensed drug business activities. The author in the regulatory process over the years, the "ticket" behavior of the hazards, common flaws, evidence fixation, regulatory countermeasures for the initial research, thinking and summary, and combined with cases in practice, talk about the "ticket" behavior of the regulation, in order to throw a brick to attract jade.
I, "walking papers" behavior of the harm
1. disrupt the pharmaceutical market, to the threat of drug safety
"Walking papers" is in fact a legal cloak of unlicensed operation of the drug business behavior, the operation of the drugs are individuals with cash purchases, and does not enter the drug business enterprises, but just borrowed a legitimate business licenses and bills, only. In this way, through the "ticket" way of operating that part of the drugs, drug companies have no way to drug supply units for qualification review, no way to drug quality inspection, there is no way to ensure the safety of drugs. It can be said that most of the fake and shoddy drugs are through the "cheque" behavior into the market, into the hands of consumers.
2. Disrupting the price of medicines and harming the economic interests of consumers
The purpose of "vote-taking" is to make a profit. Unlawful elements in order to operate drugs without a license, through the drug business enterprise "ticket", and then into the medical institutions, can be said to be a lot of effort, pay a lot of money, in order to obtain the benefits, they are often black-hearted, ruthless. I have investigated and dealt with the "ticket" found that a "ticket" from a business company to 1.88 yuan per box of the price of 10,000 boxes of snake gall capsules purchased from the "over the ticket" company for a ticket, less than a day apart, 1.88 per box of the drug was transformed into 6.54 yuan per box, turned 3.48 times! The price of the whole order also changed from 18,800 yuan to 65,400 yuan, of which the difference was 46,600 yuan!
3. Breeding commercial bribery, damage to patients' economic and health interests
"Walking ticket" sold drugs, most of which are "do clinical"." Doing clinical" is the behavior of drug operators according to the number of doctors using their drugs to give a certain amount of cash kickbacks, its purpose is to doctors to use more of their drugs, so as to obtain more benefits. Part of the lack of medical ethics of doctors in order to obtain rebates, often favor the use of these drugs, and even in order to get more rebates, patients can be used can not be used drugs, useless drugs are also prescribed a bunch of, in the process, the patient is damaged not only the economic interests of the patients, but also the interests of the patients' health.
Two, found that the "cheating" behavior clues, digging deeper source
"Cheating" behavior hidden under the legal cloak, provided by the legal operating company license and bills, the surface appears to be normal, legal drug purchase and sale of activities are no different, which brings difficulties for investigation and handling, so grasp the "cheating" behavior of the common clues, digging deeper source of the case, to combat the behavior of unlicensed operation, to protect the people's drug safety is very necessary. The company's website has been updated with the latest information on the latest developments in the drug industry, including the latest information about the drug industry.
Clue 1: outside the box shipping orders reveal clues
"Walking ticket" drugs are mostly sent by freight from the drug manufacturer or supplier companies directly to the unit, affixed to the outside of the box shipping orders inadvertently show the ins and outs of the drugs.
For example, I found that a medical institution of a drug outside the box affixed to the waybill shows that the consignor of the drug manufacturer, the consignee of the hospital's pharmacy section chief, and the drugs for a wholesale company in the name of a sales to the hospital, the investigation found that the batch of drugs for the account of the manufacturer with cash from the purchase and sale of hospitals, is a personal behavior.
Clue 2: the same ticket issued on the drugs, the arrival time is uneven
"Walking ticket" behavior of the drugs, most of the natural person from various different channels, different time to purchase, so the arrival time is uneven, but in order to facilitate the convenience of a one-time to provide a "walking ticket" business enterprise to open the ticket, so there is the same ticket issued on the drugs, the arrival time is uneven. The time of arrival of the drugs on the same bill is uneven.
such as my bureau found wang mou to wuyuan a medicine company's name to the city of a medical institution sales of medicines, it provides a accompanying peer on the five kinds of medicines, through the medical institution acceptance record shows, the arrival time of the earliest and the latest is actually separated by more than a month. After the external investigation verification, wang mou is through wuyuan a medicine company "walk ticket" sales of drugs.
Clue 3: with the goods peer issued time later than the arrival time
Pharmaceuticals to the purchasing unit, engaged in the "ticket" behavior of the lawless elements, in order to know the specific batch number of drugs, and then the information will be passed on to the provision of the "ticket" of the operating enterprises, the operating enterprises in order to open the accompanying counterparts, then there is a time difference between the time of the accompanying counterparts to issue the same time as the arrival of the time of the time earlier.
As I checked and found that the shipment date issued on the accompanying counterparts provided by Li Mou are later than the actual arrival of the hospital time ranging from 3-6 days, after investigation and verification, Li Mou is through the drug business enterprise "ticket" sales of drugs.
Clue 4: the ticket issued by the drug lot number, the number of actual arrival does not match
Part of the lawless elements in order to avoid the appearance of the ticket, the phenomenon of the interval between the goods, the drug supplier is required to inform the specific number of drugs by phone and other ways, lot number and other information, and then relayed to provide "go ticket" operating companies, to do the ticket, the goods, but for a variety of reasons, the supplier actually provide the lot number of the drug and inform the lot number of the drug. However, for various reasons, the supplier actually provided the drug lot number and informed the lot number is different, so the ticket, goods lot number does not match.
Another part of the unscrupulous elements in order to pay less tax and "management fee", the bill is issued only part of its sales of drugs, thus appearing in the number of bills issued and the actual number of arrivals does not match the situation.
For example, the Bureau found that Mr. Li actually sold 400 cefoperazone sodium tazobactam sodium to the hospital in the name of a pharmaceutical company in Hubei, while he could only provide the bills for the sale of 200 units of the drug. After investigation and verification, the above drugs are its personal cash from the manufacturer to buy and sell to the hospital in the form of "walking ticket".
Clue 5: different time to provide the ticket, ticket number continuous or interval is very small
Part of the "walking ticket" company in order to facilitate the management of the "walking ticket" implementation of separate invoices, not with the company's actual sales of medicines, so that there is a different time of the ticket ticket number continuous or very small interval of the situation.
As I found in the inspection Zhang Hukou, Jiangxi Province, in the name of a pharmaceutical enterprise sales of drugs, its provision of the same with the goods, even appeared at different times, the ticket number is the same; time to increase, the ticket number of the phenomenon of decreasing. Upon verification, Zhang operated by the individual procurement of drugs, through the "ticket" way to sell.
Clue 6: medicine money remitted to a personal account or other company accounts
The ultimate purpose of operating without a license is still to obtain benefits, is an individual private business, the final flow of money can only be personal, so there will be cash payments or remitted to a private account.
For example, the Bureau found that a medical institution has a long-term business relationship with a Chinese medicine factory salesman Hu, but there are several remittance vouchers show that the payment of goods are remitted to Hu's account rather than the Chinese medicine factory. Through further investigation and evidence obtained, these goods are Hu in the wholesale market of medicinal herbs purchased, and through the "ticket" form of sales to the medical institutions, belonging to the personal behavior.
Three, fixed behavioral evidence, thoroughly investigate the hidden unlicensed
"Ticketing" behavior hidden under the cloak of legality, in the purchase and sale of drugs in the activities of the licenses and bills provided by the legal, coupled with the "ticketing" company often harboring the wrongdoers, so in practice, sometimes know that is "ticketing" behavior, but the evidence is difficult to be fixed to investigate and deal with the "ticketing" has brought about difficulties. The author is of the opinion that, in the case of "cheating", the evidence is difficult to be fixed. The author believes that the "vote" to the company to carry out external investigation is practicable and effective method.
Evidence 1: "cheating" company did not "cheating" the purchase of drugs bills
"Cheating" behavior of the sale of drugs in fact is not "cheating" company purchased and sold, so "cheating" company often can not provide "cheating" the sale of drugs purchased bills. However, with the development of regulation and de-regulation contradictions, many companies have noticed this, and many companies have been asked to provide proof of purchase of drugs.
Evidence 2: the "ticket" company did not form a "ticket" drug purchase records
"Ticket" sold drugs, not at all through the provision of "ticket" of the company, so it is not possible to check the acceptance of the acceptance, it is impossible to form the acceptance of the records. But in recent years, with the mutual development of regulation and supervision, many companies that provide "walking papers" have also noticed this, and will also form the purchase records.
Evidence 3: the "walking papers" on the company's finances, no "walking papers" salesman wage table
"Walking papers" is not to provide "walking papers" company's salesman, the company did not send "walking papers" the obligation and necessity of wages, so check their payroll can be found no "walking papers" salesman wage table. And this year will be the implementation of the new "Labor Law" and "Contract Law" stipulates that employers must buy pension insurance, then as long as the list of pension insurance to check the purchase of the name of the salesman can determine whether it is a "walking ticket" salesman.
Evidence 4: the "check" company did not transfer to other manufacturers or companies to buy "check" drugs transfer vouchers
This is a very critical point, because most of the drugs for the "check" individuals with cash, the company is not involved in the purchase and sale of drugs and other matters, so its financial is never provide the transfer of bills to buy drugs.
Evidence 5: "cheating" company did not or can not provide full purchase "cheating" medicine enterprise remittance vouchers
Most of the "cheating" medicine money, not remitted to the company, but remitted to a private account, or with "cheating" familiar with the other company accounts, so attention to the external investigation requires "cheating" company to provide customers to buy the medicine remittance vouchers, most of these companies can not provide or simply can not provide the money. The company's main goal is to provide the best possible service to the customers.
Four, "cheating" behavior regulatory countermeasures
In order to effectively curb the "cheating" behavior, I believe that we should implement the "combination of penalties and preventive measures, institutional constraints, supervision and gate-keeping" regulatory countermeasures, to promote self-discipline of the enterprise, to stop the "cheating" at the source; the implementation of a combination of penalties and preventive measures institutional constraints on the integrity of the company's education, "cheating" companies to implement penalties; supervision and gate-keeping, the daily business operations of the supervision, once the discovery of a "cheating" company, the company's daily operations of the company's education and monitoring, the company's daily operation of the company's education. Supervision of the daily operation of the supervision, once found that "walking papers" will not be tolerated.
1. Self-discipline
"Ticket-walking" behavior is a prerequisite for legitimate enterprises to facilitate the wrongdoers, so it is essential to strengthen corporate self-discipline. First of all, enterprises should be aware of their own behavior has been illegal. Walking ticket" for the enterprise, is to lend a license, "Drug Administration Law" Article 82 provides for the legal responsibility of lending licenses; Secondly, the enterprise should be aware of the "walking ticket" behavior will destroy the enterprise's own reputation. Only rent, not involved in the management of the rental license, the enterprise on its distribution of drugs from the source of grasp, some of the "ticket" to take advantage of the opportunity to sell fake and shoddy drugs, once these fake and shoddy drugs to the patient caused harm, "ticket" may slip away, and the enterprise must bear part of the legal responsibility, the seriousness of the enterprise will also be revoked, the "drug business license".
2. Institutional constraints
Built rules and regulations, from the institutional level, to promote self-discipline, refused to provide licenses, bills and other facilitation for the "walk". First of all, the establishment of the integrity file, whether the enterprise "ticket" into the integrity of the assessment; secondly, "ticket" enterprise notification, and will be listed as a key target of supervision; Finally, to strengthen the internal staff of the laws and regulations of the education and training, in particular to strengthen the legal person, the quality management personnel of the law, regulations, and training, and to promote self-discipline of the enterprise.
3. Strengthen the supervision
Strengthen the supervision of pharmaceutical enterprises, improve the frequency of inspection, the inspection surface not only covers the purchase and sale records, purchase and sale of bills, but also to cover the financial remittance vouchers and other materials; to strengthen the supervision of the circulation link through the follow-up of the GSP certification of the operating enterprises, and to do a good job in tracking and inspection of the GSP. The establishment of a collaborative mechanism, joint tax, industry and commerce departments of enterprises into and inspection, multi-angle, multi-level thorough investigation of "walking ticket".