Law enforcement officers in the investigation and handling of medical institutions using expired medical devices, the focus of the controversy is how to correctly understand and identify the use of medical devices in the use of medical devices in the use of behavior. Here, it is necessary to clarify and distinguish the meaning of the three concepts of "medical device use unit, medical device use link, medical device use behavior.
One is the use of medical devices. Medical device use unit, refers to the use of medical devices for others to provide medical and other technical services, including medical institutions to obtain a medical license, family planning technical service institutions to obtain a family planning technical service license, as well as by law do not need to obtain a medical license of the blood station, plasma single-collection station, rehabilitation aids fit institutions.
The second is the use of medical devices.
Third is the use of medical devices behavior. Supervision and management of the use of medical devices in the use of behavior, in accordance with the relevant provisions of the National Health and Family Planning Commission
Legal basis:
"Supervision and Administration of Medical Devices Regulations," Article 66 of one of the following circumstances, by the people's government at or above the county level of food and drug supervision and management department ordered to make corrections, confiscate the illegal production, operation or use of medical devices; Illegal production, operation or use of medical devices less than 10,000 yuan in value, and impose a fine of 20,000 yuan or more than 50,000 yuan; the value of 10,000 yuan or more, and impose a fine of 5 times the value of the amount of 10 times the amount of the following fine; the circumstances are serious, and shall be ordered to suspend production and business, until the original licensing department to revoke the certificate of registration of medical devices, medical device production license, medical device license: (C) the operation, use of No qualification documents, expired, invalid, out of medical devices, or the use of medical devices not registered according to law.
Derivative issues:
Selling expired masks how to punish
Selling knowingly does not meet the national standards for the protection of human health, industry standards for medical devices, medical hygiene materials, enough to seriously endanger human health, shall be sentenced to less than three years of fixed-term imprisonment or detention, and shall be sentenced to more than fifty percent of the amount of the sale of more than two times the amount of the following fines; cause serious harm to human health If the consequences are particularly serious, the penalty shall be more than ten years of imprisonment or life imprisonment, and impose a fine of more than fifty percent of the sales amount or confiscate the property.