Article 1 In order to strengthen the management of medical institutions, improve the service level of medical institutions, and promote the development of medical and health care undertakings, these regulations are formulated in accordance with the Law of the People's Republic of China on Licensed Medical Practitioners and the Regulations on the Administration of Medical Institutions, and other laws and regulations, and in the light of the actual situation of this province.
Second Article The setting up, registration, verification, practice of medical institutions in the administrative area of this province, as well as its supervision and management and medical dispute prevention and disposal activities, shall apply to these regulations.
The medical institutions referred to in these regulations refers to general hospitals, hospitals of traditional Chinese medicine, hospitals combining traditional Chinese and Western medicine, hospitals of ethnic medicine, specialized hospitals, rehabilitation hospitals, maternal and child health centers, community health service centers (stations), health centers (stations, institutes, offices), sanatoriums, outpatient clinics, clinics, clinics, health clinics, health care centers, first aid centers (stations), clinical test centers, specialized disease prevention and treatment hospitals (stations), nursing homes (stations), and the national disease prevention and control center (stations), nursing homes (stations), and the national disease prevention and control center (stations). , nursing homes (stations) and other diagnostic and therapeutic institutions prescribed by the state.
Article 3 The people's governments at or above the county level shall incorporate planning for the establishment of medical institutions into urban and rural planning and regional health planning, optimize the allocation of medical resources, and implement governmental subsidies, compensation and support policies for medical institutions, and build a rationally structured health care system that covers both urban and rural areas.
Government-organized medical institutions, its capital construction, equipment purchases, key disciplines, public **** health services, retiree costs and policy loss subsidies and other inputs, the same level of finance should be guaranteed, the provincial government to give appropriate subsidies.
Encourage and support social forces to organize medical institutions.
Article 4 above the county level health administrative department is responsible for medical institutions set up, registration, verification, practice, supervision and management and dispute prevention and disposal.
Development and reform, finance, public security, judicial administration, human resources and social security, housing and urban-rural development, environmental protection, civil affairs, industry and commerce, audit, quality supervision, taxation, food and drug supervision and other departments within their respective areas of responsibility, to do a good job in the supervision and management of medical institutions.
Article V. The legitimate rights and interests of patients, medical institutions and their staff are protected by law. Any unit or individual shall not disturb the normal order of medical institutions. Article 6 The health administrative departments at or above the county level shall formulate plans for the establishment of medical institutions, which shall be examined and approved by the health administrative departments at the next higher level and then submitted to the people's government at the current level for approval and implementation, and shall be announced to the public.
Article 7 An application for the establishment of a medical institution shall be submitted as follows:
(1) an application for the establishment;
(2) a feasibility study report on the establishment;
(3) a report on the selection of the site and architectural design plan;
(4) proof of identification of the legal representative or person-in-charge of the medical institution to be set up, and a certificate of creditworthiness issued by a bank.
Article 8 The person in charge of a medical institution shall be qualified as a practicing physician and, after being registered for practice, shall have been engaged in clinical work of the same specialty for more than five consecutive years in medical, preventive and health care institutions.
Individuals applying to set up a clinic shall be the person in charge of the clinic.
Article IX of the county-level health administrative departments shall set up medical institutions in accordance with the planning and setting standards for the approval of the establishment of medical institutions. The approval authority of the province, state (city), county (city and district) shall be stipulated by the provincial health administrative department.
Article 10 The health administrative department above the county level shall, within 20 days from the date of receipt of the application for the establishment of medical institutions, review their applications. Meet the conditions, to make a written decision to be granted to set up a medical institution; does not meet the conditions, to make a written decision not to set up a medical institution.
Article XI of the health administrative departments above the county level on the proposed approval of the establishment of medical institutions, shall be publicized to the community, the publicity period of 10 days.
The content of the public notice shall include: the name of the applicant, the proposed establishment of medical institutions, name, category, level, address, diagnostic and therapeutic subjects, beds (dental chairs), review and other necessary information.
No objection to publicity, the health administrative department shall promptly issue "set up a medical institution approval"; publicity is objectionable, it should be verified, issued "set up a medical institution approval" or make a written decision not to issue.
Article XII states (cities), counties (cities, districts) health administrative department shall issue the "approval of the establishment of medical institutions" within five working days from the date of issuance of the relevant materials will be reported to the higher level of health administration for the record.
Article 13 The validity period of the Approval Letter for Setting Up Medical Institutions shall be:
(1) 2 years for medical institutions with more than 100 beds;
(2) 1 year for medical institutions with less than 100 beds;
(3) 6 months for medical institutions without beds.
After obtaining the Approval Letter for Setting Up a Medical Institution, the applicant shall set it up within the stipulated validity period. Medical institutions with beds can not be completed within the validity period of the preparatory work, you can within 30 days before the expiration of the validity period, to the approval of the establishment of the administrative department of health to apply for an extension of one, the extension time limit of six months; the expiration of the extension can not be completed, the "approval to set up a medical institution," the automatic expiration of its "set up a medical institution". Newly built medical institutions with more than 500 beds can not be completed within the above period of time, apply to the administrative department of health approved for the establishment of another appropriate extension.
Article 14 The applicant for setting up a medical institution shall, after completing the matters approved in the Approval Letter for Setting Up a Medical Institution, apply for registration of practice with the administrative department of health which approves its setting up.
To apply for practice registration, the following materials shall be submitted:
(1) the Approval Letter for Setting Up Medical Institutions;
(2) a description of the basic standards of the medical institutions in compliance with the provisions of the rules and regulations;
(3) documents proving compliance with the provisions of the name, organization, and premises;
(4) professional health care personnel qualification certificates, practice certificates, and certificates of health professionals and technical personnel compatible with the operation of the business. Technical personnel qualification certificates, practicing certificates, copies of employment contracts;
(e) with the conduct of business appropriate proof of funding, facilities and equipment purchased, as well as compliance with the provisions of the fire, power supply and water supply, medical waste and sewage treatment, and other necessary facilities to prove the material;
(f) the construction of new buildings, alterations or extensions of the building facilities completion acceptance report.
Article 15 The administrative department of health shall, within 20 days from the date of receipt of the registration materials for the practice of medical institutions for review. Qualified, shall be registered and issued "medical institutions license"; does not meet the conditions, shall inform the applicant in writing.
Article XVI of the medical institutions to obtain "medical institutions practice permit", shall, in accordance with the law to the relevant departments for registration procedures.
Article XVII medical institutions may use the name of the place, the name of the unit, the name of the individual, the name of the medical discipline, the name of the medical profession and specialty, the name of the diagnostic and therapeutic subjects and the name approved for use by the registration authority as the identifying name, and shall not use the name of the national and provincial health administrative departments shall not be used.
Article 18 of the name of the medical institutions, diagnostic and treatment subjects, beds (dental chairs) change, shall apply for change procedures; category, location, set up the applicant changes, shall be re-approved for the establishment of the approval.
Because of the change in registration beyond the jurisdiction of the original registration authority, to the administrative department of health with jurisdiction to apply for change in registration.
Article 19 of the termination of the medical institutions of medical practice, should be the original registration authority for "medical institutions license" cancellation procedures.
Medical institutions due to expansion, reconstruction and other reasons, temporary suspension or partial suspension of business, shall in advance to the original registration authority for suspension procedures. Temporary suspension of time limit of six months, special circumstances, upon application for approval can be extended for another six months.
Article 20 of the medical institutions shall be in accordance with relevant state regulations in the verification period three months before the expiration of the registration authority to apply for verification procedures. Registration authority shall accept the application for verification within 20 days from the date of verification review, to make the verification conclusion. The conclusion of the verification is divided into the verification of qualified and suspended verification. Article 21 of the medical institutions and their health professionals to carry out medical practice activities, shall comply with relevant laws, regulations, rules and medical technology standards, professional ethics, optimize the service process, improve service quality.
In the event of emergencies and other threats to people's lives and health emergencies, medical institutions and their health professionals should be subordinate to the health administrative departments above the county level.
Article 22 of the medical institutions to carry out the need to audit the registration of the clinical application of medical technology, shall be approved by the administrative department of health with the authority to approve, and to the registration authority for the registration of medical technology before the clinical application.
Article 23 Medical institutions shall not sell, rent, lend or otherwise transfer the "license to practice medicine" and the name of the medical institution; shall not be rented or contracted to other institutions (personnel) to carry out medical activities.
Article 24 The diagnostic certificates, test and inspection reports and other medical documents issued by medical institutions shall be true and complete, and properly preserved in accordance with the provisions of the law, and shall not be altered, falsified, concealed or destroyed.
Medical institutions shall not issue medical documents such as diagnoses of diseases, health certificates or death certificates for patients who have not been examined by a physician (doctor) of the medical institution; and shall not issue medical certificates of birth for infants who have not been delivered by a physician (doctor) of the medical institution or by a midwife in person. Infants born outside the medical institution, the county-level health administrative department designated by the maternal and child health centers in accordance with the provisions of the birth medical certificate.
Medical institutions may not engage in activities such as diagnosis of genetic diseases, identification of the sex of the fetus, prenatal diagnosis and termination of pregnancy surgery, and other family planning surgeries without approval.
Article 25 Medical institutions shall not, in their practice activities, employ persons who are not registered to practice in their own medical institutions, or other persons who do not possess the health professional and technical qualifications to engage in practice activities; they shall not use persons who have not obtained the qualifications of licensed physicians to engage in practice activities independently. Township (township) health centers, village health centers can be based on the diagnosis and treatment of the situation and needs, the use of practicing physicians independently engaged in general diagnostic and therapeutic activities.
Medical institutions and their health professionals in practice shall not employ or use other forms of inducing patients to seek medical treatment; shall not disclose the patient's privacy in medical practice activities; shall not be implemented in violation of the diagnosis and treatment norms; shall not accept patients and their families money or other improper interests.
Article 26 of the medical institutions shall strengthen infection management, strict implementation of disinfection and isolation system, timely disposal of sewage and medical waste, prevention and control of hospital infections. The discovery of infectious disease outbreaks should be reported in a timely manner, and take effective measures to control the spread of the epidemic.
Article 27 Medical institutions to publish medical advertisements, shall apply to the state (city) health administrative department of its location for a "medical advertisement review certificate", the content of the release shall not exceed the scope of the "medical advertisement review certificate" approved.
Medical institutions to publish Internet health care information, should be agreed by the provincial health administrative department, to obtain the "Internet health care information service review consent", the content of the release shall not exceed the "Internet health care information service review consent" approved scope.
Article 28 of the medical institutions shall be services, prices and other information for public display. Non-profit medical institutions shall implement the national and provincial provisions of the medical service charges, shall not increase the charges or raise the charges without authorization.
Article 29 of the medical institutions shall support individual physicians and technical teams to primary care institutions and socially organized multi-practice medical institutions. The management of multi-point practice by the provincial health administrative department.
Article 30 of the medical insurance designated medical institutions shall set up basic medical insurance management department, equipped with management personnel, the implementation of the medical insurance service agreement, follow the basic medical insurance settlement procedures, the use of financial and tax departments prescribed by the fee bills or invoices, to the medical insurance agency to provide the review of medical expenses required for all the diagnosis and treatment of the information and the list of accounts, and to prohibit the falsification of health insurance It is prohibited to falsify medical insurance bills, invoices and statements.
Article 31 The designated medical institutions for medical insurance and their health technicians shall, in the course of diagnosis and treatment, comply with the relevant provisions of medical insurance, verify the identity of the patients and their participation in the insurance scheme; use medicines and provide medical services within the scope of the provisions; and shall not shirk the responsibility of the participants in the insurance scheme for seeking medical treatment, or limit the purchase of medicines by the participants. Article 32 The administrative departments of health above the county level and medical institutions shall establish and improve the prevention and disposal system of medical disputes. Medical disputes are managed locally, county-level health administrative departments shall guide doctors and patients to resolve medical disputes in accordance with the law.
Article 33 of the county-level judicial administrative department is responsible for guiding the people's mediation of medical disputes within the administrative region. The people's mediation committee for medical disputes established by law shall be responsible for the people's mediation of medical disputes.
Medical disputes people's mediation committee shall adhere to the mediation of medical disputes between doctors and patients shall adhere to the principle of voluntariness, equality, respect for the rights of doctors and patients, shall not disclose the privacy of doctors and patients, commercial secrets.
Article 34 The person in charge of a medical institution shall be responsible for the medical safety of the institution, and shall do a good job of maintaining the medical order; he shall strengthen the management of the health technicians, and shall supervise the improvement of the level of medical treatment and diagnosis in order to avoid and reduce the number of medical disputes.
Medical institutions shall establish a complaint acceptance system, involving fees, service quality and other complaints can be dealt with in a timely manner, the medical institution shall be dealt with in a timely manner, and provide feedback to the complainant; the complexity of the situation, can not be dealt with in a timely manner, it shall be given a reply within five working days.
Article 35 After the occurrence of medical disputes, medical institutions and their staff shall inform the patients and their families about the specific methods and procedures for the disposal of medical disputes, and do a good job of explaining and communicating to prevent the expansion of the situation; shall cooperate with the health administrative department, the public security organs to do a good job of investigating and obtaining evidence, and start the emergency response plan, and actively participate in the disposal of public security incidents caused by medical disputes.
Article 36 After the occurrence of medical disputes, doctors and patients can negotiate on their own to solve the problem, you can apply for mediation of medical disputes people's mediation committee, you can apply to the county-level administrative department of health to deal with it, you can also directly to the people's court litigation.
Article 37 The patient shall abide by the rules and regulations of the medical institution, and cooperate with the medical institution and its health care personnel to carry out relevant diagnostic and therapeutic activities.
Patients and their families who have objections to medical acts shall express their opinions and demands through lawful means, and the following behaviors are prohibited:
(1) restricting the personal freedom of the staff of the medical institution or insulting, threatening, or injuring the staff of the medical institution;
(2) damaging or snatching the belongings of the medical institution or the medical documents;
(3) setting up barriers or other forms of obstacles to the medical institution or its staff. (C) setting up barriers or other forms of blocking traffic, preventing others from seeking medical treatment;
(D) illegal parking of corpses, private hearths, wreaths, burning paper money, fireworks and firecrackers;
(E) mobbing, disrupting or interfering with the normal order of the healthcare institution;
(F) other acts that jeopardize the order of medical care.
Article 38 The public security organs receive the alarm of endangering medical order, shall immediately organize the police to the scene, maintain order, control the expansion of the situation; doctors and patients failed to dissuade, shall be dealt with according to law.
Article 39 of the mediation process of medical disputes, the mediator shall be respectively to the doctor and the patient, the relevant experts to understand the relevant facts and circumstances, the doctor and the patient, the relevant experts shall cooperate. According to the needs of the case, the mediator may recommend the doctor and the patient for medical accident or medical damage identification.
The patients and their families of the compensation amount of more than 100,000 yuan of medical disputes, can be identified, should be based on the qualified appraisal organization or medical association issued by the appraisal opinion.
Article 40 The medical institution shall, within seven working days from the date of dispute resolution, make a written report to the local county-level health administrative department, and attach the agreement of self-negotiation, mediation, and the people's court decision, respectively. Article 41 The health administrative departments at or above the county level shall, in accordance with the law, strengthen the supervision and management of medical institutions and their health professionals practice, improve the assessment and evaluation system of medical institutions, and promote the medical institutions of malpractice points system, and urge medical institutions to improve the quality of medical services.
Superior health administrative departments have the right to correct the lower health administrative departments in the medical institutions set up, practice, registration, verification, accreditation and evaluation and law enforcement inspections of illegal acts.
Article 42 The health administrative departments at or above the county level shall supervise the medical institutions to establish and improve the safety and security system, the implementation of safety precautions. Public security organs shall guide medical institutions to carry out safety and security work.
Article 43 The human resources and social security departments and health administrative departments shall include qualified medical institutions in the basic medical insurance designated scope, scientific determination of diagnosis and treatment items insurance payment range.
The human resources and social security departments and the administrative departments of health shall listen to the complaints of medical institutions when correcting the medical behavior of medical institutions designated for medical insurance that does not conform to the scope of insurance payment.
Medical insurance agencies shall establish an equal consultation mechanism with medical insurance designated medical institutions to negotiate the assessment method and settle medical expenses in a timely manner.
Article 44 Medical institutions shall gradually implement medical liability insurance and comprehensive occupational insurance for health technicians.
Article 45 of the health administrative departments at or above the county level to adjust and add new medical institutions, under the same conditions, give priority to the allocation of medical institutions organized by the community.
In the same medical institutions set up in the planning area, more than one social subject at the same time apply for medical institutions beyond the planning limit, by the health administrative department with the authority to approve the main body of health through open competition to determine.
Article 46 of the medical institutions organized by the community and the government-run medical institutions, in the technical access, hospital level assessment, discipline construction, the introduction of talent, scientific research projects, the basic medical insurance designation, health professionals, title evaluation, continuing education, etc., enjoy the same treatment.
Socially-organized non-profit medical institutions, after deducting the cost of running a medical institution, the development fund set aside, and other necessary expenses in accordance with the relevant provisions of the State, the contributors can obtain a reasonable return from the balance of the medical institutions.
Governments at all levels shall, through the purchase of services, flat-rate subsidies and other means of compensation for socially-organized for-profit medical institutions to undertake public **** health and other non-profit service projects. Article 47 Medical institutions in violation of the provisions of Article 17 and Article 18 of these Regulations, by the health administrative department above the county level shall order rectification within a specified period of time, and may also impose a fine of 5,000 yuan or more than 10,000 yuan. Failure to make corrections after the deadline, a fine of 10,000 yuan or more than 50,000 yuan; the circumstances are serious, the revocation of the "license to practice medicine".
Article 48 of the medical institutions in violation of the provisions of Article 24, paragraph 3 of the Regulations, by the health administrative departments above the county level shall order rectification within a specified period, confiscate the illegal income, and impose a fine of 5,000 yuan or more than 10,000 yuan; failure to make corrections after the expiration of the period, the revocation of its relevant diagnostic and treatment subjects until the revocation of the "license to practice in health care institutions".
Article 49 Medical institutions and their health care technicians in violation of the provisions of Article 25, paragraph 2 of these Regulations, by the health administrative departments at or above the county level shall order rectification within a specified period of time, and impose a fine of 5,000 yuan of more than 20,000 yuan of medical institutions, health care technicians shall be subject to a fine of more than 2,000 yuan of more than 10,000 yuan; causing serious consequences, the medical institutions of the relevant diagnostic and treatment subjects, or revoke the health care technician's practicing certificate. health technician's practicing certificate.
Article 50 of the medical institutions in violation of the provisions of Article 27, paragraph 1 of these Regulations, by the health administrative departments at or above the county level shall order rectification within a specified period of time; failing which, shall order the suspension of rectification; if the circumstances are serious, revocation of the relevant diagnostic and treatment subjects, until the revocation of the "license to practice in the health care institution".
Medical institutions in violation of the provisions of Article 27, paragraph 2, by the provincial health administrative department shall order a period of time to make corrections; failing to make corrections, shall order the suspension of rectification; the circumstances are serious, the revocation of its relevant diagnostic and therapeutic subjects, up to the revocation of the "license to practice in the medical institutions".
Article 51 The medical insurance designated medical institutions in violation of the provisions of Article 31 of these Regulations, not strictly implement the medical insurance system, resulting in the loss of health insurance funds, by the human resources and social security above the county level or the administrative department of health and ordered a period of time to make corrections, and impose a fine of two times the amount of money incurred; the circumstances are serious, the cancellation of the qualification of the medical insurance designated medical institutions.
Article 52 The mediator of the People's Mediation Committee for Medical Disputes who violates the provisions of the second paragraph of Article 33 of these Regulations shall be ordered by the administrative department of justice to make corrections within a certain period of time; if the circumstances are serious, he shall be given a punishment; if the case constitutes a crime, he shall be investigated for criminal responsibility according to law.
Article 53 Violation of the provisions of the second paragraph of Article 37 of these Regulations shall be punished by the public security organs in accordance with law; constitutes a crime, shall be investigated for criminal responsibility.
Article 54 If the staff of the departments of health, public security, human resources and social security abuses their powers, neglects their duties, or practices favoritism and malpractice in the supervision and management of medical institutions, they shall be ordered to make corrections within a certain period of time by their respective units or by their superior competent authorities; if the circumstances are serious, the directly responsible supervisors and the directly responsible personnel shall be given sanctions; if the case constitutes a crime, the person who constitutes a crime shall be held criminally liable according to law. Article 55 These Regulations shall come into force on January 1, 2014 .