Heilongjiang Provincial People's Government On The Revision Of The Decisions Of The Management Of Medical Organizations In Heilongjiang Province

Original Language Title: 黑龙江省人民政府关于修改《黑龙江省医疗机构管理办法》的决定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$9.99.
Heilongjiang provincial people's Government on the revision of the decisions of the management of medical organizations in Heilongjiang province

    (The 16th Executive meeting of December 11, 2008, Heilongjiang province on January 5, 2009, 7th of Heilongjiang Province announced come into force on the date of promulgation) Heilongjiang provincial people's Government for decision on the management of medical organizations in Heilongjiang province as follows:

    First, in the fourth paragraph is deleted "(bounded by security area)".

    Second, delete the eighth article: "men over 70 years old and above, women at 65 years old and above."

    Third, delete 15th fourth: "non-public medical institutions employing in-service public health technical personnel, employed men over 70 years of age, women over age of 65 personnel engaged in medical activities".

    Purposes from the date of publication of this decision.

    The management of medical organizations in Heilongjiang province under this decision be modified accordingly and publish it again.

    Report: Heilongjiang province medical institution management (revised 2009)

    Chapter I General provisions

    First to strengthen the management of medical institutions, promote the development of medical and health services, under the management of medical institution under the State Council Ordinance (hereinafter referred to as the regulations), and other relevant laws, regulations, rules, combined with the facts of the province, these measures are formulated.

    Article within the administrative area of this regulation is applicable in the province engaged in disease diagnosis, treatment and rehabilitation of hospitals, nursing homes, hospitals, clinics, clinics, health centres and village health center (room), care (station), rehabilitation centers, ambulatory care centers (stations), clinical laboratory, specialist disease control, maternal and child health-care agencies and other medical institutions.

    Third frontier health and quarantine, epidemic prevention, medical research and teaching, medicine, institutions such as the family planning clinic at the outside the scope of the Agency's business activities as well as medical beauty services and beauty business, should be based on these measures, applications for medical institutions that set the category.

    Article fourth people's Liberation Army and people's armed police forces in Heilongjiang province, outside of medical institution, (about) the health Administrative Department in accordance with the regulations and the management.

    Agriculture, forestry authorities responsible for reclamation and the forest industry in the supervision and administration of medical institutions and businesses accept the supervision and guidance of the provincial health administration.

    Article fifth health administrative departments at and above the county level for the departments of medical institutions, responsible for the supervision and administration of medical institutions within their respective administrative regions.

    , Prices, industrial and commercial departments of public security shall, within their respective areas of competence, with the administrative departments of public health supervision and administration of medical institutions.

    Chapter II sets up approval

    Sixth health administrative departments at and above the county level shall, should be according to the respective administrative areas of medical institutions set the guiding principles for planning the planning of medical organizations, by the health Administrative Department at a higher level for examination and approval, and reported to the people's Government at the same level and incorporated into the local socio-economic development master plan of the Government.

    Unified planning and setting of medical institutions across the province, by the provincial health administrative departments.

    Seventh article establishment of a medical institution, approval should be reviewed according to the following permissions:

    (A) no bed medical institutions and medical agencies by County (area) consent of the Administrative Department of public health reported (about) the health administration departments; the County (district) administrative departments of public health, based on the (land) the approval of the Administrative Department of public health for the applicant to make decision on whether to issue a letter of approval of the establishment of a medical institution.

    (B) second-level medical institutions and, city and County Hospital for specialist (standing), 99-bed rehabilitation hospital, 299-bed nursing home, and County emergency medical institutions, such as the municipal () the health administration departments for approval, issued after the approval of the establishment of a medical institution, reported to the provincial health administration departments.

    (C) the third level medical institutions and provincial hospital for specialist (standing), rehabilitation hospital of 100 beds or more, more than 300-bed nursing home, first-aid centers, clinical laboratory and provincial health administrative departments directly under the provincial health administrative departments of medical institutions approved, issue a certificate of approval of the establishment of medical institutions.

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

    (A) may not set up medical institutions stipulated by the State;

    (B) individuals in the rural township (town) or village setting of medical institutions;

    (C) cities (counties) setting the number of non-public medical institutions set a proportion of medical institutions per million population has been exceeded;

    (D) the proposed establishment of non-public medical institutions less than one km distance from the public medical institutions, also plans to set up medical subjects and subjects to repeat in public medical institutions;

    (V) the name does not meet the requirements of medical institutions.

    Section Nineth set up clinics in the city, shall meet the following conditions:

    (A) access to the certificate or a practicing doctor physician after the title, engaged in more than five years in the same professional and clinical work;

    (B) has a local permanent residence.

    Application set at the provincial clinic, in addition to the above requirements, should also have your doctor or above, and two-level medical institutions for more than five years in the same clinical work. Tenth section sets the individual nursing stations, must be made of the People's Republic of China certificate of nurse practitioners, and registered.

    Nurse clinical care more than five years shall be engaged in the nurses should be engaged in clinical care more than a decade. 11th term of validity of the approval of the establishment of a medical institution, three-level medical institutions for three years; secondary medical institutions for two years without bed medical and medical institutions for one year.

    Time limit expired is not reporting practice registration, the establishment of a medical institution from the date of expiry of the approval certificate, shall automatically cease.

    Chapter practice registration

    12th medical institutions in the complete book of the approval of the establishment of a medical institution approved by the matter, shall be filed with the County (district) level health administrative departments at and above to apply for registration, receive a medical practice license.

    Article 13th practice registration of medical institution should fill out the application for practising registration of medical organizations, and related materials submitted to the registration authority. 14th registration authority accepted medical practice registration application, the review shall, within 45 days, and field trips, verify, and practitioners concerned for disinfection, isolation and aseptic, spot checking of basic knowledge and skills examination.

    Examination, issue a practising certificate for medical institution; failed to pass the examination, the audit results and notify the applicant in writing of the reasons for not granted.

    15th when you apply for registration of medical practice, any of the following circumstances shall not be registered:

    (A) refuses to register cases stipulated by the State;

    (B) medical institutions buildings and residents share the same access road;

    (C) the special conditions do not have health care organizations of tumor, spirit, infections and tuberculosis;

    (D) city (county seat) individuals birth clinics.

    16th opening of the registered capital shall have the appropriate medical institutions:

    (A) more than 500 bed medical bed shall not be less than 10,000 yuan;

    (B) between 100 and 499-bed medical bed shall not be less than 6,000 yuan;

    (C) 20 to 99-bed medical bed shall not be less than 4,000 yuan;

    (D) no bed no less than 20,000 yuan in medical institutions.

    Article 17th-level medical institutions to set up branches, should the proposed branch is located in the County (district) administrative departments of public health set up approval procedures, to the main hospital practising registration office to register and obtain licenses before they can practice.

    Branch shall satisfy the following conditions:

    (A) holders of health administrative departments at and above the county level to establish the branch approval;

    (B) the legal representative should be the legal representative of the main hospital;

    (C) health workers should be the subject of hospital staff, housing, equipment, funding should be provided by the hospital;

    (D) compliance with the basic standards of medical organizations.

    18th medical institutions change name, address, ownership, service objects, person in charge and medical subjects, bed (the Chair) shall be filed with the registration office for registration. Article 19th medical institution finds it necessary to close above 7th 30th or less, shall be filed with the registration authority a report in writing, explain the reasons, apply for approval; closed 30th within not more than one year, subject to approval procedures, should be temporarily returned to the practising certificate for medical institution; closed more than a year, and shall be filed with the registration authority to cancel the registration.

    Opening set approval to apply again.

    Article 20th calibration of secondary medical institutions for a period of three years; no bed medical facility and calibration of medical institutions for a period of one year.

    21st medical institutions should be in check for three months prior to the expiration, calibration procedures apply to the registration organ and submit the following documents:

    (A) the documentation submitted shall be stipulated by the State;

    (B) accreditation certificate in medical institutions;

    (C) the calibration period annual report on the work of medical institutions;

    (D) medical technicians continued medical education of health system performance reporting.

    22nd medical institutions to check upon registration, any of the following circumstances, registration authority will be given conditional validation period 1-6 months:

    (A) does not meet the basic standards of medical institutions;

    (B) within a time limit or go out of business during the reorganization period;

    (C) reviewing nonconformities or permission not to participate in the assessment;

    (D) use without permission or allowed to continue to use the techniques and methods of diagnosis and treatment;

    (V) does not pay the prescribed fees;

    (Vi) occurred more than two medical malpractice has not been properly handled. Suspension calibration fail check the expiry, cancellation by the registration authority of the practising certificate for medical institution.

    No bed medical institutions shall not practice during the period of suspension calibration.
23rd term of validity of the practising certificate for medical institution, medical institutions and medical agencies no bed for five years; more than two medical institutions for ten years.

    Article 24th of the practising certificate for medical institution shall forge, alter, sell, transfer, lend.

    Lost permits shall be lost or within 3rd should have known that any loss of the original registration authorities and apply for a replacement.

    25th medical institutions opened, moved, had its name changed, change medical subjects as well as closed, closed, check the results by the registration authorities shall be published, advertisement fees borne by the medical establishment.

    26th a medical organization made up of distinguished name and the common name followed by the name of. Name of medical institution may not be sold, lent.

    Without permission of the approving body, name of medical institution shall not be transferable.

    27th medical institution name nomenclature should conform to national requirements.

    "Heilongjiang", "province", "province", "Northeast", the words "as well as across the district or municipal domain name, to" Center "as a generic name, in recognition of medical institution name contains" Center "is written, approved by the provincial health administration.

    With foreign countries (regions), the international organizations, as well as "China", "national", "Chinese", "country" name, after review by the provincial health Administrative Department, approved by the health Administrative Department under the State Council.

    "Red Cross" as the name recognition of medical institution shall be subject to the provincial Red Cross signed and reported to the provincial health administration departments.

    28th medical organization name registration before use by the approval authority, within the scope permitted in the privileged. Plaque of medical institutions should be standard.

    Format of writing should focus on the subject.

    The fourth chapter practice

    29th medical institutions should strictly enforce the sterile disinfection, isolation systems, adopt effective measures, treatment of sewage and waste, prevention and reduction of hospital infections.

    Medical institutions without disinfection equipment or nursing titles above, shall develop injection infusion business. 30th medical organizations should establish a complete medical record of outpatient, hospital patients. Outpatients exceeds 15 years not to patients, their registration under the medical records can be destroyed. Inpatient medical records retention period shall not be less than 30 years, special medical records should be stored permanently.

    Covers outpatient and inpatient medical records should be standard.

    31st medical institutions should strictly enforce the provincial health administrative department or accepted diagnosis and treatment-related technical standards, procedures, medical staff are constantly "basic theory, basic knowledge and basic skills" training and examination to ensure medical safety.

    Article 32nd without physician (scholar) to examine patients, the medical institution shall not issue diagnosis, health certificate or a medical certificate of death report form and other documents without physician (scholar), birth attendants births attended in person, the medical institution shall not issue birth certificate or birth certificate. 33rd medical organizations may not use medical technology to sex identification of the fetus.

    Because of scientific research or diagnosis of hereditary diseases, shall be subject to the original registration organ.

    Artificial insemination research or organ transplants, must be approved by the provincial health Administrative Department, can be carried out.

    34th medical organizations may not use the counterfeit medicines, expired and invalid medicines and drugs.

    Sterilization of medical institutions shall not be used without the approval of machinery, the use of disposable medical supplies.

    35th medical institutions shall be designated permits to practise medicine, clinic activities carried out according to the approved range of subjects, and to charge fees according to the relevant provisions.

    Medical personnel is strictly prohibited the use of their positions, to obtain money from patients or their families, receive kickbacks such as referral or check fee. Article 36th clinic, clinic, clinic, clinic, health care, sanitation station shall be attached to medical subjects, scope of services pharmacy (Cabinet). Types of medicines approved by the registration authorities, and issuing of the medication card. Non-public clinics, treatment only with a certain number of common diseases and severe emergency drugs: clinics only with Western medicine and must not exceed 40; only with traditional Chinese medicine TCM clinic, a proprietary Chinese medicine shall not be more than 30 species of herbs not exceeding 200.

    Simple courses in acupuncture, massage, dental inlay compound, medical advice and other services, not allowed to take drugs.

    37th clinic, clinic, clinic, health care and sanitation stations may not carry out family planning operation without approval shall not engage in business delivery and treatment of sexually transmitted diseases. Article 38th medical institutions do not use non-health professionals in health care technology.

    Without approval of the registration authority, no medicine.

    Retired health professionals in public medical institutions can only practise in a medical institution shall not be employed.

    39th medical institutions to introduce outside medical institutions of new technologies, new projects and technical cooperation should be vetted and approved by the registration authority.

    40th medical organizations may not use medical sites leased or contracted to the medical institution or medical personnel, other than management of non-health professionals, must not use unfair means to lure medical. 41st medical institutions shall, in accordance with the relevant laws, rules and regulations, community primary health care, support for rural grass-roots health, guidance tasks.

    Major disasters, epidemics and other emergencies, must obey the command of the Administrative Department of public health.

    42nd medical institutions publish, advertise, post medical advertisements shall obtain a health certificate issued by the administrative departments of the medical advertisements, and in accordance with the relevant provisions of the regulation on medical advertising process.

    Supervision and administration of the fifth chapter

    43rd the jurisdiction of the health administration departments at or above the county level shall exercise supervision and management of the medical institution in the region.

    Superior Administrative Department of public health has the right to supervise and inspect subordinate administrative departments of public health supervision and administration of medical institutions of law enforcement, and to rectify their breaches of the Ordinance and these rules, decisions, medical institutions within the jurisdictions of practice of direct examination and supervision.

    44th Medical supervisor of the health administration departments at or above the county level by the health administrative departments at appointment and management.

    Supervisor of medical institutions in discharging their duties shall wear, produced medical institutions supervised by the Ministry of health monitors the signs and certificates issued by the people's Governments above the county level and the administrative law enforcement certificates.

    45th health administrative departments at and above the county level shall establish a medical Review Committee of experts, to medical services quality, technology, management and evaluation.

    Sixth chapter punishment 46th article violates this way without practising certificate for medical institution without authorization of the practice, health administrative departments at and above the county level shall be ordered to stop practising activities, confiscating and drugs, devices, and impose a fine of less than 300 yuan and 3,000 yuan.

    Any of the following circumstances, ordered to stop the practice, confiscating and drugs, devices, and a fine of 3,000 yuan and 10,000 yuan fine:

    (A) unauthorised practitioners trained in health administration punishment;

    (B) unauthorized personnel for non-health professionals to practise;

    (C) unauthorized practice for more than three months;

    (D) for staff medical service open to the public authority is not complying with the provisions for registration of changes;

    (E) medical institutions without a change without changing the registration of medical practitioners;

    (Vi) mobile medical practise in, market stalls and a fake license to practise medicine.

    47th in violation of these regulations, no calibration according to stipulations of the practising certificate for medical institution, medical service activities shall not be suspended, the health administration departments at or above the county level shall order its deadline for a replacement calibration procedures; fails to go through, of the revocation of his medical license to practice. 48th in violation of these regulations, transfer, lend the practising certificate for medical institution, the health administration departments at or above the county level shall confiscate and imposed fines of less than 300 yuan and 3,000 yuan.

    Any of the following circumstances, confiscation and a fine of 3,000 yuan and 5,000 yuan fine and revocation of license to practice medical organizations:

    (A) the medical premises leased or contracted medical institutions other than the medical staff or management of non-health professionals;

    (B) sell, lend, transfer of the medical institutions in medical instruments, medical instruments, documents and fraudulent use of other medical institutions documents.

    49th outside of emergency, medical diagnosis and treatment beyond the scope of registration, a minor, be warned by the health administrative departments at and above the county level; any of the following circumstances shall be ordered to correct within, until the cancellation of the practising certificate for medical institution.

    (A) family planning operations, delivery and treatment of sexually transmitted diseases services without authorization;

    (B) unauthorized sex identification of the fetus or artificial insemination, organ transplantation;

    (C) equipped with a drug category drug in excess of the prescribed range.

    50th article violates this way, employing non-health professionals, serving health professionals and not in accordance with the provisions of the external procedure work for retired people engaged in medical and health technology, health administrative departments at and above the county level shall be ordered to rectify and imposed fines of less than 300 yuan and 3,000 yuan.

    Medical health professionals practise outside the professional activities, according to the use of non-health professionals.

    51st in violation of these regulations, issue a false certificate, minor, health administrative departments at and above the county level shall give it a warning, and liable to a fine of less than 500 Yuan; spiritual harm to the patient, resulting in delayed diagnosis and treatment, other harmful consequences, fined 500 Yuan more than 1000 Yuan fines;

    Directly responsible shall be investigated by the unit or by the authorities be given administrative punishments, and a fine of 200 Yuan more than 1000 Yuan fine. 52nd in violation of these regulations, medical institutions of medical personnel take advantage of their positions, obtain money from patients or their families, receive referral or check for rebates, after confirmed by the unit, health administrative departments at and above the county level are directly responsible, five times the amount received by a fine, up to a maximum of 50,000 yuan.
Do not seriously verified major medical institutions in charge, administrative sanctions.

    53rd violates this way, unauthorized use of narcotic drugs, toxic drugs and radioactive drugs and biological products or sales, using fake medicines and medicines of inferior quality, except in accordance with the People's Republic of China outside the relevant provisions of the drug administration law, the health administration departments at or above the county level shall revoke their practicing license for medical institution.

    54th medical institution has any of the following circumstances, the registration authority may order the correction within:

    (A) the relevant regulations of the State;

    (B) occurred more than two accidents or other major accidents have not properly addressed;

    (C) implementing primary health care tasks.

    55th medical institutions and medical advertising advertising business unit published without review and approval, above the county level health administrative departments and industrial and commercial administrative departments to investigate and punish in accordance with their respective responsibilities.

    Medical institutions are contrary to the Act, are handled by the prices according to the relevant laws and regulations.

    Breach of 56th article this way, serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

    57th health administrative departments at all levels in the implementation of administrative punishment, in accordance with the People's Republic of China legal procedures implementation of the law on administrative punishment.

    Article 58th refuses to accept the decision on administrative penalty, in accordance with the People's Republic of China administration reconsideration law and the People's Republic of China administrative litigation law apply for reconsideration or bring an administrative suit.

    If no application for reconsideration, not prosecution, nor performs the decision of administrative penalty, of the decision on administrative penalty authority may apply to a people's Court for compulsory execution.

    The seventh chapter by-laws 59th these measures shall come into force on February 1, 1997. Province people's Government issued the black Government issued [1986]19 Heilongjiang province individual and joint management of medical organizations at the same time abolish.

Related Laws