Hospital physicians can prescribe health care products, but hospitals can't sell them because they don't have a Health Food Approval Certificate. And according to the physician law physicians have the power to prescribe health care programs.
Case: Shanxi Province, a person A look for eye hospital retinopathy Yang doctor to see the age-related macular disease, the doctor gave the prescription of Jingzhi chewable tablets, and let to the Xinghualing Central Hospital outside the Ronghua Pharmacy to buy. This Jingzhi chewable tablets are health care products, drug packaging written on this product can not replace the drug.
A's family letter after getting the following results:
Shanxi Province Health and Health Commission told the letter verified:
1. Jingzhi chewable tablets for the trade name, the drug name of lutein, the main treatment of age-related macular degeneration drugs.
2. Provincial Eye Hospital can not purchase lutein tablets, so recommend patients to the hospital near the pharmacy to buy.
3. The receiving doctor's diagnosis and treatment process is serious, careful, reasonable, standardized, without illegal behavior.
Expanded Information:
1, "Health Food Management Measures" Article 20:
Health food operators purchasing health food, the Ministry of Health must ask for the issuance of the "Health Food Approval Certificate" a copy of the certificate and the product inspection certificate. Procurement of imported health food should ask for "imported health food approval certificate" copy and port imported food hygiene supervision and inspection agency inspection certificate.
2, according to "the state council on strengthening food and other product safety supervision and management of special provisions" article 3: production and operation shall be responsible for its production, sales of product safety, shall not produce, sales do not meet the statutory requirements of the product.
In accordance with laws and administrative regulations, the production and sale of products need to obtain a license or need to be certified, should be in accordance with the legal conditions, requirements to engage in production and business activities.
Not in accordance with the statutory conditions, requirements to engage in production and management activities or production and sale of products do not meet the statutory requirements, by the supervision and management departments of agriculture, health, quality inspection, commerce, industry and commerce, pharmaceuticals and other supervision and management departments in accordance with their respective responsibilities, confiscate the illegal income, products and tools used in the illegal production of equipment, raw materials, and other items, the amount of value is less than 5,000 yuan, and impose a fine of 50,000 yuan.
The value of goods more than 5,000 yuan less than 10,000 yuan, and impose a fine of 100,000 yuan; the value of goods more than 10,000 yuan, and impose a fine of 10 times the value of goods more than 20 times the amount of the following fine; cause serious consequences, by the original licensing department to revoke the license; constitutes the crime of illegal business or the crime of production and sale of counterfeit and shoddy goods, and so on, according to law, to investigate criminal responsibility.
3, "the Chinese people *** and the state practicing physician law" article 21: physicians in practice activities enjoy the following rights: in the registered scope of practice, medical diagnosis, disease investigation, medical treatment, issue the appropriate medical documents, choose a reasonable medical, preventive, health care programs.
Baidu Encyclopedia - Law of the People's Republic of China on Practicing Physicians of the People's Republic of China
Baidu Encyclopedia - Measures for the Administration of Food and Health Care Products
Chinese Government - Special Provisions of the State Council on the Strengthening of the Supervision and Administration of the Safety of Food and Other Products