Xian Medical Institutions For The Promotion And Management Of The Public Office (Trial)

Original Language Title: 西安市民办医疗机构促进与管理办法(试行)

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Xian medical institutions for the promotion and management of the public office (trial)

    (July 23, 2013 Xian municipal government consideration at the 61st Executive meeting August 7, 2013 in XI ' an city people's Government promulgated as of October 1, 2013, 110th) Chapter I General provisions

    First to standardize the service of private medical institutions, and promote the healthy development of private medical institutions, improve the quality of medical service and guarantee medical security, according to the People's Republic of China medical practitioners Act, the medical institution regulations, the regulations on medical institutions in Shaanxi Province to implement measures such as laws, regulations, combined with the city's actual, these measures are formulated.

    Second approach applies to organizations and individuals outside the State institutions, non-State financial requirements, for organized medical institutions within the administrative area of the city.

    Article III of the municipal public health Administrative Department is the management of private medical institutions of administrative departments, is responsible for the supervision and administration of private medical institutions in the city.

    District and county administrative departments of public health is responsible for the area of responsibility of management in private medical institutions, and accept the supervision and guidance of the municipal public health Administrative Department.

    Fourth of industry and commerce, taxation, price, drug administration, civil administration, quality supervision, environmental protection, human resources and social security administrative departments shall, in accordance with their respective responsibilities, management of private medical institutions.

    Article fifth privately-run medical institutions should strengthen industry self-regulation, integrity practice, improve social credibility.

    Chapter II set up and registration

    Sixth Administrative Department of public health shall be prepared in accordance with the relevant provisions of the administrative areas of the establishment of medical institutions planning, and open to the public.

    Set of private medical institutions should be consistent with the planning of medical organizations.

    Seventh set of private medical institutions shall, in accordance with the following provisions apply for and obtain a letter of approval of the establishment of medical institutions:

    (A) 500 Zhang bed above of integrated medical institutions, and 200 Zhang bed above of TCM medical institutions, and three level Western specialist medical institutions, and 100 Zhang bed above of TCM specialist medical institutions, and drug medical, and clinical test, and medical beauty hospital, special specialist medical institutions should to where district health administrative sector proposed application, by district health administrative sector trial, city health administrative sector audit Hou, reported province health administrative sector approved.

    (Ii) 100 Zhang bed above 499 Zhang bed following of integrated medical institutions, and 100 Zhang bed above 199 Zhang bed following of TCM medical institutions, and II level and the II level following Western specialist medical institutions, and 100 Zhang bed following of TCM specialist medical institutions, and medical beauty clinic should to where district health administrative sector proposed application, by district health administrative sector trial Hou, reported city health administrative sector approved.

    (C) under 100-bed general medical institutions and, no beds in medical institutions of traditional Chinese medicine clinic (clinic), specialist clinic (clinics) and other medical institutions should apply to the district and county administrative departments of public health, upon approval by the district and county administrative departments of public health, the municipal public health Administrative Department.

    Article eighth of application for the establishment of private medical institutions, shall comply with the conditions laid down in laws and regulations, and submit the following information:

    (A) application for setting;

    (B) set up a feasibility report;

    (C) site selection report and architectural plans;

    (D) the applicant ID and credit related qualifications;

    (E) medical institutions for land-use, environmental impact assessment, planning the construction of the supporting documents;

    (Vi) other required materials.

    The information submitted by the applicant should be real and effective, not fraud.

    Nineth application for the establishment of private medical institutions, any of the following circumstances, under the same conditions can be given priority:

    (A) Organization of nonprofit medical bodies;

    (B) private clinic settings has a subtropical high-level professional and technical posts at or above qualification, and have long been engaged in clinical care;

    (C) private clinic settings in two grade hospital in clinical care 10 years ' time;

    (D) set used on its own or owned land;

    (E) relevant departments (old) setting up Chinese medicine clinics of traditional Chinese medicine;

    (Vi) conditional form of judgment within the retail pharmacy clinics.

    Tenth under any of the following circumstances, may not set up private medical institutions:

    (A) not independently assume civil liability unit;

    (B) the individuals serving sentences;

    (C) do not have full civil capacity of individuals;

    (D) other medical institutions serving or former medical staff due to illness;

    (V) occurred less than five years more than two medical malpractice medical personnel;

    (F) violations of the relevant laws and regulations, of the physicians practising certificate has been revoked medical personnel;

    (G) the medical institution has been revoked license of medical institutions of the legal representative or principal responsible;

    (VIII) other circumstances as stipulated by laws and regulations. 11th public health Administrative Department shall accept applications within 30th of approved or not approved in writing.

    Types of private medical establishments, the size of the main administrative approval, should be considered collective, collective decisions and, if necessary, may appoint an expert to demonstrate.

    12th administrative departments for public health shall be prepared to grant a set of private medical institutions category, address, medical subjects of practice, bed (Chair, observation beds), as well as the setting and set the applicant name, in line with local situations, such as the establishment of medical institutions plan to the public, public notice for a period of 5 working days.

    Health administrative departments during public complaint or objection, shall promptly conduct investigations shall not be approved without having to verify. 13th book of the establishment of a medical institution approved entry into force from the date of issue, valid for: Clinic 3 months, clinic for 6 months, 18 months in hospital.

    Matters approved the establishment of medical institutions are not allowed to change, alteration, shall, in accordance with the approval procedure.

    Proposed establishment of profit-making of private medical institutions, set up shall, after obtaining the letter of approval of the establishment of medical institutions, in time to the industrial and commercial administrative departments at the same level apply for name pre-approval.

    Set within the period specified in the first paragraph of this article not been practising registration, book of the approval of the establishment of a medical institution shall automatically cease. 14th people practising medical practitioners should be registered and obtain the practicing certificate for medical institution.

    Practice registration set by the approval of its administrative departments of public health.

    The health administration departments accepted practice registration, departments should organize experts to private medical institutions set up, equipment, basic facilities and practitioners spot checking of qualifications, knowledge and skills, a written opinion. 15th change practice registration of private medical institutions, shall register such changes to the original registration organ.

    Change of practice address, name, nature of business and other important content should be open to the public.

    Private clinic change the primary name of the owner and should re-apply for setting approval procedures.

    Chapter practice

    16th in accordance with this approach to the practising certificate for medical institution prior to diagnosis and treatment in private medical institutions, non-profit medical institutions should also to civil affairs departments registered, for-profit medical institutions should also be to industry and commerce, taxation departments for industry and commerce, tax registration.

    17th private medical institutions should use the name approved by the administrative departments of public health, practice license and medical institutions, private non-enterprise units or of the registration certificate of the business license, medical subjects, clinic hours, fees, health professionals on duty information, regulation and supervision in the medical arena prominently published.

    The practising certificate for medical institution shall forge, alter, buy, sell, lend, transfer.

    18th private medical institutions should establish and improve the medical quality management system, improve the rules and regulations, ensure the quality of health care and medical subjects of diagnosis and treatment activities in accordance with the approved and registered, shall not exceed the approved and registered scope of practice.

    19th private medical institutions should employ a qualified health professionals engaged in health care technology, needs to go through the registration formalities according to law, shall provide the practising Registration Office for registration. Non-governmental medical institutions of medical cooperation with other medical institutions shall be subject to approval by the competent administrative Department of public health, and signed a cooperation agreement.

    Accept private medical institutions should be accredited to the physicians to practice public health Administrative Department.

    20th clinic vein treatment services should ensure medical safety, and approved by the administrative departments of public health medical equipment for clinics, first aid equipment, drugs, conditions, as well as first aid knowledge and abilities examination for practicing physicians.

    21st private medical institution shall publish medical advertisement, publishing medical advertisements should be truthful and healthy, scientific and accurate, and shall not in any way to deceive and mislead the public. 22nd private medical institutions should strengthen their respective health professionals medical ethics education, and urge them to abide by professional ethics.

    Staff should wear while you work out my name, position or title tag. Article 23rd privately-run medical institutions shall, in accordance with their own equipment and technical conditions for patients admitted is limited to equipment or technical reasons unable to diagnosis and treatment of the condition should be timely referrals.

    Need for life-threatening emergency patients, admissions of private medical institutions have the obligation to take emergency measures.

    24th or major medical malpractice medical negligence occurs when non-governmental medical institutions shall, in accordance with relevant laws and regulations report health administrative departments shall not be undeclared or altered or forged documents relating to medical, hiding, destroying, discarding, or in kind. 25th people of drug management in medical institutions shall, in accordance with relevant laws and regulations to strengthen management, rational use of drugs, shall not use counterfeit medicines, drugs and illegal drugs.

    When the adverse drug reaction event occurs, should timely report the pharmaceutical supervisory and administrative department.

    Intravenous infusion of antimicrobials in use in private medical institutions activity, shall comply with the administrative measures for the Ministry of health of the clinical application of antibiotics and the relevant provisions of this city.

    26th private medical institutions shall, in accordance with technical specification clinic activities of diagnosis and treatment, according to the patient to take reasonable treatment plan, no excessive treatment or false diagnosis, diagnostic medical instruments such as certificates, inspection reports issued by the real and effective.

    Administrative Department of public health received excessive treatment, false diagnosis reports should organize experts to verify, upon confirmation of true, accounted for in the bad practice of the integral.

    27th article in the People's Republic of China forces work to list of measuring instruments for verification of measuring instruments, non-governmental medical institutions shall register in accordance with regulations, reported to the district administration of quality and technical supervision Department filing and verification of metrological verification institution with the appropriate qualifications to apply for cycle.

    28th private medical institutions shall operate in accordance with law, shall not be employed in staff take induced by deceit, entice patients, or to a free clinic, health advice, such as fraud, inducing the patient.

    Article 29th of private medical institutions found in the diagnosis and treatment of infectious diseases, appropriate measures should be taken, and promptly report to the relevant department or agency in accordance with the relevant provisions.

    Major disasters, accidents, epidemics, and other special circumstances, the fields of private medical institutions should be subject to the health Administrative Department.

    The fourth chapter support 30th adjustments and additional medical resources should be giving priority to social capital.

    Encourage social capital held to develop nonprofit medical bodies.

    Support, organized medical institutions according to law, foreign capital in the Hong Kong, Macau S.A.R. and Taiwan capital held in the city in the area of medical institutions, in accordance with relevant provisions enjoy support policy. 31st to encourage community organizations to develop rehabilitation, nursing, geriatrics, chronic care and other characteristics of medical institutions.

    To encourage and support social organizations and individuals in rural areas, remote areas, suburban, new urban medical and health resources are relatively weak or weak areas of medical institutions of medical resources.

    Articles 32nd to support the practice of private medical institutions in accordance with the approved range, rank, service number, properly equipped with large medical devices.

    Article 33rd privately-run medical institutions stipulated by the Government medical service and drug pricing policies, in line with the requirements shall be in accordance with the procedures included in the urban basic medical insurance and new rural cooperative medical and other social security sentinel service.

    34th to encourage medical staff in public hospitals and private medical institutions between the rational flow of relevant units and administrative departments shall, in accordance with the relevant provisions of the practice changes, cohesion, social insurance relationship transfer and personnel work, file transfer procedures.

    Article 35th of private medical institutions in the technical title appraisal, tendering and appraisal for scientific research, clinical key discipline construction and clinical teaching bases of medical colleges determine and qualification of resident standardization training base, enjoy equal treatment with the public medical institutions. Article 36th encouraging private medical institutions to implement a modern hospital management system, establish a standard of corporate governance.

    Support social capital held a medical institution management company provides professional services.

    37th improved working environment in private medical institutions, protects private medical institutions enjoy State tax and price policies.

    When significant disputes between doctors and patients in the non-governmental medical institutions, public security, public health, drug supervision departments should actively guide, support its disposal according to law, maintain the legal rights of both doctors and patients, maintain normal order of diagnosis and treatment.

    Supervision and administration of the fifth chapter

    Article 38th calibration management of health Administrative Department should strengthen non-governmental medical institutions, private medical institutions on a regular basis the basic conditions and check the conditions of practice, assessment, audit, conditional validation check failed, rectification, check again after the expiry of the rectification is not qualified, the registration authority shall remove his practising certificate for medical institution.

    The municipal public health Administrative Department found that district and county administrative departments of public health check conclusions are inconsistent with the actual situation, public health Administrative Department shall order the County to correct or change verification conclusion.

    39th administrative departments for public health shall strengthen the management of medical quality in private medical institutions, establishing a medical quality evaluation system, regular evaluation, evaluation results should serve as an important basis for verification. 40th reputation management system in the establishment of private medical institutions, strengthen social supervision.

    Health Administrative Department should publish complaint reports, after receiving the patient complaints, health Administrative Department should be investigated, verified, should be addressed to the public results. 41st interview system in the establishment of private medical institutions.

    Serious violations in private medical institutions, heads of administrative departments for public health shall interview the statutory representative or setting people and ordered to rectify.

    42nd administrative departments for public health shall strengthen the dynamic information management in private medical institutions, improve examination and approval and management efficiency, in the District website, basic information on medical services in private medical institutions, and its medical safety and bad points annual or periodic evaluation results, to verify the results and other information for public notification.

    Article 43rd health administrative departments, industrial and commercial administrative departments should strengthen supervision and administration of medical advertising, regulate medical advertisements.

    Pricing departments should strengthen the charges of private medical institutions, pharmaceutical price supervision and inspection.

    Pharmaceutical supervisory and administrative departments shall strengthen the non-governmental medical institutions using drugs and medical equipment supervision and management.

    Administration of quality and technical supervision departments should strengthen supervision of compulsory testing apparatus used in private medical.

    The sixth chapter legal liability

    44th among emergency and first-aid, and disobey the 18th article activities beyond the scope of medical subjects of diagnosis and treatment, minor, warned by the health Administrative Department, rectification, and liable to a fine of less than 3,000 yuan in serious cases, revoked his medical license to practice.

    45th article violates this way 19th article, using non-health professionals engaged in health care technology, rectification by the health Administrative Department, and liable to a fine of less than 3,000 yuan and 5,000 yuan in serious cases, revocation of license to practice medical organizations according to law.

    Article 46th disobey article 26th, issued by the physician in the practice of false medical documents, given by the Administrative Department of public health warned or suspended for more than six months a year practicing in serious cases, revoked his practising certificate constitutes a crime, criminal responsibility shall be investigated according to law.

    47th article violation this approach 28th article provides, employment personnel take cheat, and induced, way lure patients visits, or using clinic, and health advisory, way cheat, and induced patients of, by health administrative sector ordered deadline corrected, has illegal proceeds of, and at illegal proceeds of three times times following of fine, but highest shall not over 30,000 yuan; no illegal proceeds of, and sentenced 5,000 yuan above 10,000 yuan following fine.

    48th of a violation of these rules to other, dealt with by the relevant departments in accordance with provisions of laws and regulations. 49th party refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    Party fails to apply for administrative reconsideration or bring a lawsuit, nor performs the decision on punishment, made the decision to apply to the people's Court for compulsory execution.

    50th state personnel in private medical institutions in the management of the abuse of power, fraud, negligence, malpractice, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The seventh chapter by-laws

    51st cooperative joint venture, Chinese-foreign joint venture medical institutions set up and practice registration applicable state regulations. 52nd these measures come into force October 1, 2013.