Implementation Measures For The Management Of Medical Institutions In Hubei Province

Original Language Title: 湖北省医疗机构管理实施办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201009/20100900264181.shtml

Implementation measures for the management of medical institutions in Hubei Province

    (June 21, 2010 Executive meeting consideration of Hubei Province on July 2, 2010, Hubei provincial people's Government announced order No. 338, as of August 10, 2010) Chapter I General provisions

    First in order to strengthen the management of medical institutions, promote the development of medical and health services, protection of citizens ' health, under the management of medical institution under the State Council Ordinance (hereinafter referred to as the regulations) and the relevant provisions of the State, combined with the province, these measures are formulated.

    Article this regulation is applicable in the province within the administrative area of disease diagnosis, treatment and medical activities of various medical institutions (including the people's Liberation Army and people's armed police forces in the province set up outside of medical institution) management. Third a medical organization classification management.

    Categories of medical institutions, according to the Ministry of health of the implementing rules for the regulations of medical institutions (hereinafter referred to as the rules) and the other relevant regulations of the State classifies. Fourth territorial management in medical institutions in the whole industry.

    Local health administrative departments at or above the county level medical institutions within their respective administrative areas implementation of unified planning, unified access to consolidated supervision.

    Local Chinese medicine departments at and above the county level in accordance with this approach, within the assigned area of traditional Chinese medicine and Western medicine and national medical institution management.

    Article fifth local people's Governments at or above the county level shall encourage and guide social forces to develop medical and health services, and actively promote the development of non-public medical institutions. Article sixth medical institutions and personnel engaged in medical activities, are protected by law.

    No unit or individual may interfere with the normal work order of medical institutions.

    Chapter II sets up approval

    Seventh local health administrative departments at and above the county level shall be in accordance with this administrative area population, medical resources, demand, and distribution of existing institutions, according to the national guiding principles on the planning of medical institution, medical organizations set up their respective administrative areas of planning, examination by the health Administrative Department at a higher level, reported to people's Governments at the same level for approval was promulgated and implemented.

    Local health administrative departments at and above the county level shall be in accordance with the plan of the establishment of medical institutions approved establishment of a medical institution.

    Eighth rational distribution and local people's Governments at or above the county level shall make full use of health care resources, the establishment of medical institutions planning into local community development and urban-rural development master plan.

    Article establishment of a medical institution of citizens, legal persons or other organizations, you must meet the following conditions:

    (A) the planning of local medical institutions;

    (B) in accordance with the provisions relating to establishment of medical institutions stipulated by the State;

    (C) meet other requirements stipulated by the provincial health Administrative Department. Article tenth of citizens, legal persons or other organizations offer medical institutions shall, in accordance with national and provincial regulations setting application to local health administrative departments at and above the county level, and approved by the audit, obtaining the letter of approval of the establishment of a medical institution. Set in public medical institutions, also required to prepare Management Department for the preparation and approval procedures.

    Specific provisions in our province the provincial health Administrative Department separately.

    The people's Liberation Army and people's armed police forces stationed in Hubei, outside medical institutions, the provincial health Administrative Department in conjunction with the military command, the armed police corps in Hubei province health authorities in accordance with the regulations approved.

    Service of legal persons and other organizations set up for internal staff clinic, clinic, clinic, clinic, you must record formalities according to relevant regulations of the State.

    11th under any of the following circumstances, no application for establishment of a medical institution:

    (A) the 12th article of the rules;

    (B) in the a and b class infectious diseases infectious period, mentally ill and other inappropriate treatment of persons;

    (C) other circumstances as stipulated by the provincial health Administrative Department. 12th local health administrative departments at and above the county level shall intends to allow the setting of medical institutions should be public signs of 5 working days. Publicized include the proposed establishment of a medical institution category, address, medical subjects of practice, bedspaces and so on.

    Administrative departments for public health shall verify in a timely manner during the public comments received, not confirmed, and may issue approval certificate for the establishment of medical institutions.

    13th the health Administrative Department at the time of issuance of the letter of approval of the establishment of medical institutions should be higher administrative departments of public health, report and submitted for the record.

    14th the validity period of the letter of approval of the establishment of medical institutions:

    (A) clinics, health centers, dispensaries, health centers, health posts, village clinics, clinics and other medical institutions not located bed for 12 months;

    (B) less than 100-bed medical facility for 24 months;

    (C) more than 100 bed medical facility is 36 months.

    15th medical institutions need to continue legally obtained the approval certificate for validity of the establishment of medical institutions, shall, on the expiry of 30th, apply to the issuance of the Administrative Department of public health.

    Administrative departments for public health shall upon application of the medical institution, and make a decision on whether to approve the extension before the expiry of the validity period; fails to make a decision, considered to approve the extension. Section 16th obstetric, medical detoxification, sexual transmitted disease professional and other medical institutions to treat disease specialist should comply with basic professional standard.

    The professional and technical personnel, must comply with the people's Republic of China medical practitioners law and relevant provisions of local health administrative departments at and above the county level.

    17th additional outpatient departments, clinics and other medical institutions, shall be considered as new medical institutions, and in accordance with the regulations applying to the administrative departments of public health, for the establishment.

    Legal persons and other organizations set up for internal services of medical institutions and the individual-run medical institutions, village clinics may not be additional outpatient departments, clinics, etc.

    Chapter III registration and verification

    18th approved setting of medical institutions should be based on national and provincial provisions, health administrative departments at and above the county level for admission register.

    After legally obtained the practising certificate for medical institution, non-governmental non-profit medical institutions are also required to register with the Department of Civil Affairs, made the certificate of registration of private non-enterprise units; for-profit medical institutions are also required to industrial and commercial administration departments, tax departments for industry and commerce, tax registration.

    19th medical institutions for admission register, shall also meet the following conditions:

    (A) the submission materials should be submitted to the registration authority stipulated by the State;

    (B) in conformity with the approval of the establishment of a medical institution approved by the book;

    (C) comply with basic standards of medical institutions stipulated by the State;

    (D) can meet the needs of practicing certified professional and technical personnel and equipment;

    (E) there is a corresponding communication, electricity, and sewage, waste disposal and other facilities;

    (F) appropriate rules and regulations.

    20th medical institutions change contained in the practising certificate for medical institution information, apply for alteration registration must be filed with the registration authorities.

    Legal persons and other organizations set up for internal services medical institutions open to the public as well as outpatient departments, clinics, village clinics, professional and technical personnel more or less apply for alteration registration must be filed with the registration authorities.

    21st medical institution has any of the following circumstances, registration cancellation of registration shall be:

    (A) the termination of medical activities;

    (B) alteration, expansion, relocation and other business for 1 year or more;

    (C) for migration, from the original registration authorities of jurisdiction.

    22nd the coverage of family planning technical service institutions in accordance with State regulations, other clinical services outside the scope of its provisions, shall, in accordance with the regulations and the application of the relevant provisions of this approach, registration and practice.

    Medical sales sector without permission from the public health administrative departments, shall develop medical service activities. Article 23rd medical institutions shall use the approved and registered name of the medical institution.

    Township health centers are known as "Township Center", "health", and as a territorial unit.

    Garrison forces located within the medical institutions open to the public, can only use level forces code, set the system code and serial number of the medical institution shall not use force.

    24th medical institutions with higher and secondary medical schools "teaching", "teaching hospital", "teaching hospital" or "hospital" and other names, must be approved by the Administrative Department of Health approved the setting.

    25th registration authority of medical institutions should be change of address, name, medical subjects, closed business and revocation of license to practice medical organizations should be publicly announced.

    26th medical institutions shall, in accordance with national and provincial regulations apply to local health administrative departments at and above the county level for validation.

    The fourth chapter practice

    27th medical organizations should be strictly in accordance with legally obtained the practising certificate for medical institution enshrined in project practice.

    28th medical organizations should be based on life-saving humanitarian for the purpose, compliance with national laws and regulations, and medical and health service system, technical operations and medical ethics. 29th medical institutions should strengthen hospital infection, medical waste and sewage management, strict implementation of the disinfection system.

    No disinfection and medical waste, sewage treatment facilities, may not carry out vaccination services.

    30th medical institutions shall use various medical instruments produced by the provincial health Administrative Department.

    31st medical institution shall undertake the appropriate sanitation and epidemic prevention and maternal and child health work, bear the health administrative departments entrusted by supporting rural, guiding the basic medical and health work and other tasks.

    When an emergency occurs, medical institutions and medical staff must submit to the administrative departments of public health fields.

    32nd medical organizations should be strictly enforced price of medical service and drug pricing regulations, reasonable examination, rational drug use, treatment, reasonable fees, the fees should be published in an appropriate form.

    33rd prohibits any organizations or individuals unauthorized sex identification of the fetus by technical means.

    Medical institutions engaged in human assisted reproductive technology or other special medical services should be required to apply to the relevant administrative departments of public health, approved to carry out related activities.
Supervision and administration of the fifth chapter

    Article 34th establishing evaluation system of medical institutions.

    Local health administrative departments at and above the county level shall be responsible for organizing the medical Agency Review Committee, according to the relevant national and provincial medical organizations evaluation methods and basic standards, medical practice, and to evaluate the quality of medical services.

    Local Chinese medicine departments at and above the county level medical institutional review board responsible for traditional Chinese medicine and Western medicine and evaluation of the national doctors and medical institutions.

    Local health administrative departments at and above the county level based on the Review Committee's review comments, met the criteria for assessment of medical institutions, to review qualified certificate; does not meet the criteria for assessment of medical institutions, and put forward opinions. 35th medical institution supervisor system.

    Supervisor of health administrative departments of medical institutions at and above the county level, to carry out its mandated functions of supervision.

    Medical institutions, the appointment of supervisors and management measures formulated by the health Administrative Department, submitted to the provincial people's Government for approval before implementation.

    36th provincial health Administrative Department of overall planning of large medical equipment purchase.

    Acquisition of large medical equipment in medical institutions, according to regulations should be submitted to the approval of the Administrative Department of public health.

    37th medical institutions equipped with drugs must comply with State regulations, and drug supervision and management oversight of the use of its drug.

    Article 38th medical measuring instruments used in medical institutions must comply with the national laws and regulations of and accepts verification according to state regulations.

    39th medical organizations release medical advertisements must comply with the People's Republic of China advertisement law and the relevant provisions of the measures for the management of medical advertisements.

    40th superior administrative Department of public health has the right to correct or revoke subordinate administrative departments of public health does not meet the requirements of the establishment of medical institutions for approval.

    Chapter Sixth penalty

    41st in violation of these rules, laws, regulations, penalties, from its provisions; any of the following circumstances, local health administrative departments at and above the county level shall be ordered to stop practicing, confiscate the illegal income and related drugs, devices, and according to circumstances, impose fined not more than 10000:

    (A) medical institutions and personnel flow without authorization to practise medicine;

    (B) the public health administrative departments of medical institutions to register and carry out treatment operations;

    (C) legal persons and other organizations set up the medical institution for internal services, provides medical services to the community without approval;

    (D) drug business of Department without permission from the Administrative Department of public health clinics.

    42nd medical institutions engaged in medical activities shall have any of the following circumstances, local health administrative departments at and above the county level shall give it a warning, rectification, and according to circumstances, impose fined not more than 3000:

    (A) unilaterally changed the name, address of practice of medical institutions;

    (B) alter the medical subjects;

    (C) in violation of regulations, fees, charges, violations of patients ' legal rights.

    43rd medical institution has any of the following circumstances, local health administrative departments at and above the county level shall give it a warning, rectification, the person directly responsible by the unit or by the administrative authorities shall give administrative sanctions:

    (A) not in accordance with the regulations to the administrative departments of public health check;

    (B) does not require the use of a variety of medical instruments;

    (C) do not perform medical work and conventional diagnosis and treatment;

    (D) unauthorized acquisition of large medical equipment.

    Unauthorized sex identification of the fetus article 44th medical institutions, in accordance with the relevant provisions.

    45th medical organizations illegal publication of medical advertising, local health administrative departments at and above the county level, and the Chinese medicine sector, industry and commerce administration departments in accordance with the relevant provisions of the State.

    Article 46th place health above the county level administration and administration staff in the supervision and administration of medical institutions of dereliction of duty, abuse of authority, abuse, law by his entity or his upper level organs, organs shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The seventh chapter by-laws 47th these measures shall come into force on August 10, 2010. In 1995 the province people's Government promulgated the implementation measures for the management of medical organizations in Hubei Province (provincial order 93rd) repealed simultaneously.