How to penalize unlicensed clinics

In our lives, if you are sick, you will certainly go to the doctor, is to hope to be able to recover earlier. Some places private clinic, is unlicensed to practice medicine, if the treatment process out of life, is required to bear a series of responsibilities. Then how to punish the unlicensed clinic, below, in order to help you better understand the relevant legal knowledge, organized the following content, I hope to help you. First, how to punish the unlicensed clinic

The unlicensed practice of medicine can constitute the crime of illegal practice.

According to the "People's Republic of China *** and the State Practitioners Law" Article 39 of the provisions of the unauthorized opening of medical institutions or non-physician practice of medicine, by the people's governments at or above the county level of the administrative department of health to be banned, confiscate their illegal income and their drugs, equipment, and impose a fine of less than 100,000 yuan; on the physician to revoke his certificate of practice; to the patient caused damage, according to law to bear the responsibility for compensation; and to the patient caused damage, according to law to bear the responsibility for compensation; to the patient caused damage, according to law to bear the responsibility for compensation. Constitutes a crime, according to law to investigate criminal responsibility.

According to the relevant provisions of the Criminal Law, did not obtain a doctor's license to practice medicine illegally, the circumstances are serious, shall be sentenced to less than three years of imprisonment, detention or control, and or a single fine; serious damage to the health of the patient, shall be sentenced to more than three years of imprisonment of less than ten years, and shall be punished with a fine; cause the death of the patient, shall be sentenced to more than ten years of imprisonment, and shall be punished with a fine. If a person who has not obtained a license to practice medicine carries out without authorization a sterilization operation, a false sterilization operation, a pregnancy termination operation or the removal of an intrauterine device for another person under serious circumstances, he or she shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall be fined concurrently or singly; if he or she seriously damages the physical health of the person who visits the doctor, he or she shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall be fined; and if the person who causes the death of the person who visits the doctor shall be sentenced to fixed-term imprisonment of not less than ten years and shall be fined. And a fine.

Second, lawful practice of medicine, including what circumstances

Lawful practice of medicine refers to the provisions of laws and regulations, the medical health authorities to obtain permission for medical behavior, including the following cases:

1, medical institutions to obtain the "medical license", and in accordance with the approval of the registration of the diagnostic and therapeutic subjects to carry out diagnostic and therapeutic activities.

2, qualified medical personnel to practice in medical institutions to carry out diagnostic and treatment services. This article contains two meanings:

(1) the diagnosis and treatment personnel must be licensed medical personnel, and in the registered scope of practice, location.

(2) The above personnel must be practicing in a legal medical institution.

(3) Those who have obtained the qualification for individual practice of medicine in accordance with the Interim Measures for the Administration of Individual Practice of Physicians and Chinese Medicine Practitioners and those who have obtained the qualification for individual practice in accordance with the Supplementary Provisions for the Administration of Individual Practice of Chinese Medicine Practitioners are practicing medicine within the scope and area of their registered practice.

4, "People's Republic of China *** and the State Practicing Physicians Law" Article 45 provides: "in rural medical and health institutions to villagers to provide prevention, health care and general medical services to the village doctor, in line with the relevant provisions of this Law, can obtain the qualification of licensed physicians or assistant practitioners in accordance with the law: do not have the qualification of licensed physicians or assistant practitioners in accordance with the provisions of this Law, the village doctor shall be qualified by the village doctor, the village doctor shall be qualified by the village doctor. Rural physicians who do not possess the qualifications of practicing physicians or practicing assistants as provided for in this Law shall be subject to separate administrative measures to be formulated by the State Council." According to this provision to obtain the qualification of licensed physicians or physician assistant qualification of medical personnel in the rural medical practice, do not have the qualification of licensed physicians or physician assistant qualification of the State Council has not yet formulated the management of rural doctors, for the latter can be recognized by the local government organizations or the local village committee.

Third, types of illegal medical practice

1, did not obtain the "medical practice license"

without obtaining the "medical practice license" to engage in medical and health technology services is typical of the illegal practice of medicine.

2, over the scope of medical practice or to take the rental, contracting

Some medical institutions to carry out unauthorized or need special permits, special permits, subjects, such as: medical cosmetology, obstetrics and gynecology, medical imaging, etc., belongs to the scope of the illegal practice of medicine. Medical institutions rental, contracting and lending "medical institutions license" to engage in medical technology services, is clearly the illegal practice of medicine.

3, the use of non-health professionals to engage in health technology services

Health professionals must be registered in their own practice within the profession to engage in medical services is legal. Medical institutions use health professionals to engage in diagnostic and therapeutic activities outside the profession, such as dentists engaged in gynecological diagnosis and treatment, according to non-health professionals to deal with. The diagnostic and therapeutic behavior is of course illegal. In addition, the use of fresh graduates have not yet obtained the qualification of health professionals to engage in independent health technology services are also illegal medical behavior.

4, engaged in specific professional medical activities without obtaining the appropriate qualifications

Some special diagnostic and treatment activities, such as family planning, radiation therapy, etc., the state regulations must be a professional examination to obtain a specific professional license certificate to engage in these special diagnostic and treatment activities, such as "family planning technical service license, "Certificate of qualification for cosmetology attending physician", "Certificate of practicing medical imaging physician" and so on. No corresponding medical professional qualification certificates on duty to engage in specific professional medical activities is illegal to practice medicine.

5, without practice registration or in a non-practice registered location to engage in medical and health technology services

For the acquisition of medical qualifications but without the registration of physicians to obtain a certificate of practice to engage in physician practice activities, when the illegal practice of medicine.