1, the production and sale of plasters should obtain the appropriate license to carry out, otherwise it is an unlicensed production or unlicensed operation of illegal acts, the perpetrator should be subjected to the appropriate penalties;
2, if the qualification of the production of medicines and other relevant qualifications, it is legal.
And for the seriousness of the situation, constituting a criminal offense, will also be subject to appropriate criminal penalties.
Selling ointment is not illegal must have "Drug Administration Law" with drug production qualifications and other relevant qualifications. According to the provisions of the law to open a pharmaceutical business, must have the following conditions:
1, with the qualification of pharmacy technicians according to law.
2, with the business premises, equipment, warehousing facilities, sanitation and hygiene environment appropriate to the operation of the drugs.
3, with a quality management organization or personnel appropriate to the operation of drugs.
4, with regulations to ensure the quality of operating drugs.
The boundary between the crime of illegal practice of medicine and the crime of medical malpractice
The crime of illegal practice of medicine and the crime of medical malpractice both belong to the crime of endangering the public ****health, and both of them objectively may result in the death of the patient or the consequences of serious damage to the health of the patient, and the difference between them mainly lies in:
The objective aspects are different. The former in the objective aspect of the violation of state laws and regulations on medical management, illegal practice of medicine, the circumstances are serious behavior. The latter in the objective aspect is manifested in the legal diagnosis and treatment of medical personnel in the process of care, violation of rules and regulations, serious irresponsibility, resulting in the death of the patient or serious damage to the physical health of the patient's behavior.
The subject is different. The subject of the former is a person who is not qualified to practice medicine, while the subject of the latter is a medical personnel who has been qualified to practice medicine.
The subjective aspect is different. The former on the behavior of the perpetrator caused the death of the patient or serious damage to the physical health of the patient, the mental attitude can be negligence, can also be indirectly intentional, but for the violation of the medical management system, the behavior is directly intentional. The latter's mental attitude towards causing serious adverse consequences can only be negligent.
Circumstances of seriousness of the crime of illegal practice of medicine
Causing mild disability of the patient, or damage to organs and tissues leading to general functional disorders;
Causing the spread or epidemic of Class A infectious diseases or the danger of spread or epidemic;
Using counterfeit or inferior medicines, or sanitary materials or medical devices that do not conform to the national standards, which are sufficiently serious to jeopardize human health
Illegal practice of medicine by the administrative department of health twice after the administrative punishment, again illegal practice of medicine;
Other cases of seriousness of the circumstances.
Finally, the illegal practice of medicine seriously damages the health of the patient, resulting in the death of the patient when the heavier legal penalty is applied.
I hope the above can help you, if you still have questions, please consult a professional lawyer.
Legal basis:
"Chinese People's **** and State Criminal Law" Article 141
Producing, selling and supplying fake drugs crime of producing and selling fake drugs, shall be sentenced to fixed-term imprisonment of less than three years or detention, and shall be punished by a fine; to cause serious harm to human health or other serious circumstances, shall be sentenced to fixed-term imprisonment of more than three years to less than ten years, and shall be punished by a fine; to cause the death of a person or other particularly serious circumstances, shall be sentenced to fixed-term imprisonment of ten years or more, life imprisonment or death penalty, and shall be fined or confiscated property.
Persons in a drug-using unit who knowingly provide counterfeit drugs for use by others shall be punished in accordance with the provisions of the preceding paragraph.
"The Chinese people's **** and the State Drug Administration Law" Article 15 to start a pharmaceutical business, must have the following conditions:
1, with the qualification of the pharmacy technicians recognized in accordance with the law.
2, with the business premises, equipment, storage facilities, sanitation and hygiene environment appropriate to the drugs operated.
3, with the quality management organization or personnel appropriate to the operation of the drugs.
4, with regulations to ensure the quality of the drugs business.