List of powers and responsibilities medical institutions issued false documents of punishment power type of administrative penalty item code item name medical institutions issued false documents of punishment sub-item code sub-item name of the implementation of the main body of the autonomous region of the Health Commission to implement the basis of the "Regulations on the Administration of Medical Institutions" (February 26, 1994, the Chinese people's *** and the State Council Decree No. 149) Article 49, violation of the provisions of Article 32 of these Regulations, the issuance of false documents, effective from September 1, 1994, the implementation of Article 49, violation of Article 32 of these Regulations, the issuance of false documents, and the parties concerned. Published, September 1, 1994 shall come into force) Article 49, in violation of the provisions of Article 32 of these Regulations, the issuance of false documents, by the people's government at or above the county level of the health administrative department shall be warned; of the harmful consequences, may be fined less than 1,000 yuan; on the personnel directly responsible for the unit or higher authorities to give administrative sanctions. 2. "Regulations for the Implementation of Medical Institutions" (August 29, 1994, the former Ministry of Health Decree No. 35 published since September 1, 1994 shall come into force), Article 82, the issuance of false documents, the circumstances are minor, give a warning, and may be fined less than 500 yuan; one of the following circumstances, impose a fine of 500 yuan or more than 1,000 yuan: (a) issued false documents causing delayed diagnosis and treatment. (A) the issuance of false documents causing delay in diagnosis and treatment; (B) the issuance of false documents to the patient's mental harm; (C) causing other harmful consequences. The directly responsible personnel from their units or higher authorities to give administrative sanctions. Implementation of the object and scope of the autonomous region within the scope of the violation of laws, regulations, rules and regulations issued false documents of the medical institutions to close the legal time limit: 60 days. Approved by the person in charge of the organization, can be extended for 30 days. Need to continue to extend, reported to the next level of administrative organs for approval. Commitment to close the time limit: None. Responsibility matters 1. Filing responsibility: in the supervision and management of health found in the health institutions, health monitoring reports, social reporting, higher health administrative organs, lower-level health administrative organs or health administrative organs or the relevant departments to be examined to decide whether to file a clue. 2. Investigation and evidence collection responsibility: the contractor should be timely investigation and evidence collection, investigation and evidence collection should be more than two people and show the law enforcement documents, in accordance with legal procedures, legal entities required to collect evidence comprehensively, objectively and impartially, listen to the parties to the statement, and the production of the corresponding legal documents. 3. Review review responsibility: review the case investigation final report, if necessary, review the case file materials, factual findings, evidence admissibility, the application of law, discretion, law enforcement procedures, etc. for review, review or decision, the complexity of the circumstances or major violations of the heavier administrative penalties, the person in charge of the administrative organ should be discussed and decided collectively. 4. Notification of responsibility: before making a decision on administrative penalties, administrative penalties should be made beforehand to inform the party to make the decision on administrative penalties, the facts, reasons and bases, and inform the parties to the statement of the right to defend themselves, hearings and other rights in accordance with the law; administrative penalties should be set out in the decision to fulfill the administrative penalties and deadlines, as well as administrative reconsideration, administrative litigation, such as the means and deadlines. 5. Decision responsibility: to fulfill the notice or according to the statement and defense (hearing) review, administrative penalty decision according to law, and the production of statement and defense transcripts, statement and defense review, hearing transcripts, hearing opinions, administrative penalty decision and other related legal instruments. 6. Delivery of responsibility: health administrative penalty decision should be declared on the spot after the delivery of the parties and get the delivery receipt. The parties are not present, it should be in accordance with the relevant provisions of the Civil Procedure Law within 7 days, the administrative penalty decision will be served on the parties. 7. Enforcement responsibilities: the parties consciously fulfill the administrative penalty decision, should be verified after taking evidence for the closing procedures; the parties do not consciously fulfill, according to the law to fulfill the reminder procedure, apply to the people's court for compulsory execution, the implementation of the conditions in line with the closure of the case for the closure of the formalities. 8. Supervisory responsibility: supervision and inspection of administrative penalties. 9. Other laws, regulations and documents should fulfill other responsibilities. Responsible for the implementation of administrative penalties, one of the following circumstances, shall bear the corresponding responsibility: 1. not in accordance with the implementation of administrative penalties; 2. should be transferred to the judicial authorities in accordance with the law is not transferred; 3. law enforcement officers dereliction of duty, the use of the convenience of their positions, soliciting or accepting the other person's property; 4. other violations of the laws and regulations of the behavior. Contractor autonomous region health supervision consulting and complaint phone Consulting phone: 12320 Complaints phone: 12320 Remarks this matter belongs to the autonomous region, city and county level management
Integrity Risk Points Number of Risk Points Expression Ranking Preventive and Control Measures Responsible 4
Acceptance of the case link: unauthorized decision to accept or file; acceptance of benefits, favoritism, should be filed not filed; negligence, can not be filed case; exceeding the powers of the unauthorized cancellation of the case, and so on. In the strict implementation of the "Administrative Punishment Law," "Health Administrative Punishment Procedures" and other provisions. The establishment of investigation and handling of cases account, regular checks; strictly in accordance with the relevant provisions of the administrative penalty matters accepted, filed for; strictly in accordance with the regulations and procedures for supervision.
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. Investigation and evidence collection link: undue delay in the case of investigation and evidence collection; violation of case handling procedures, in the investigation or inspection, the law enforcement officers less than two, did not show documents to the parties or the relevant personnel, do not fulfill the obligation to inform, avoidance; the use of their positions to the administrative counterparts to ask for and accept bribes, seek undue advantage. High strictly in accordance with the "Regulations for the Administration of Medical Institutions", "Regulations for the Administration of Medical Institutions" and other health laws and regulations to handle cases. Strictly in accordance with the legal procedures for investigation and evidence collection; the establishment of accountability mechanisms, the violation of the provisions of the serious treatment of personnel. Case contractor section head case contractor
Review decision link: Accepting other people's requests, accepting other people's benefits, netting, for the illegal parties to intercede, interfere with the case; arbitrarily exercising discretion; violation of the case handling procedures or cause the wrong case, false case caused by reconsideration, administrative litigation was withdrawn or lost. Failure to carefully review the case, resulting in inconsistency between the approval and the actual handling of the case. High adherence to the facts as the basis, the law as the criterion of the principle of listening to the statements and pleadings of the parties; strict hierarchical system of approval, careful review; adhere to the penalties for the contractor of the case of collective deliberation of the system, adhere to the principle of the minority submitting to the majority; on the complexity of the circumstances or the major violations of the administrative penalties given to the head of the administrative organs of health should be discussed collectively to make a decision; strictly in accordance with the statutory procedures, make a fair decision on punishment. Fair penalty decision. The case file for random assessment, strengthen the supervision of the implementation of the penalty process, and strengthen the public affairs. In strict accordance with the "administrative penalty law" "health administrative penalty procedures" provisions of the service and execution. The punished person overdue or refused to fulfill the administrative penalty, must be in accordance with the relevant provisions of the duty to perform the mandatory implementation of the application. Suspected of committing a crime should be transferred to the public security and judicial departments. Case contractor section head case contractor
Annex 1: administrative penalty flow chart Annex Download.doc