Medical network September 14
Chapter I general provisions
Article 1 (purpose and basis)
In order to further strengthen the management of medical institutions, to standardize the medical and health institutions purchase and use of drugs and medical equipment and medical consumables (hereinafter generally referred to as the "pharmaceutical products"), hit the pharmaceutical sales field of commercial bribery, according to the "anti-unfair competition law", "professional medical practitioners law", the business unit personnel management ordinance, "about the party's style of the regulation of the cultivation of clean government responsibility system", the interim provisions on institution staff disciplinary action, "to strengthen the construction of medical and health enhancement of" nine "is not allowed", "about building the regulation of commercial bribery bad record" pharmaceutical sales field, such as regulation, combining the reality of the city, these provisions are formulated.
Article 2 (applicable scope)
These provisions shall apply to participate in the city of pharmaceutical products trading enterprise production and business operations or the agencies and individuals (hereinafter referred to as the "medicine production and operation enterprises and their agent"), medical institutions and their staff.
Article 3 (definition of commercial bribery in pharmaceutical purchase and marketing)
Pharmaceutical sales field of commercial bribery "referred to in these provisions (hereinafter referred to as the" commercial bribery "), refers to the medicine production and operation enterprises and their agent for sales of pharmaceutical products and bribery by using money, valuables or other means the behavior of medical institutions and their staff.
Article 4 (management)
The municipal administrative department of health and family planning shall establish and administer a record of commercial bribery in the area of pharmaceutical purchase and marketing of the city (hereinafter referred to as "the bad record of commercial bribery").
Family planning administrative department of public health, medical and health institutions at various levels in this municipality and the competent department (including the medical and health institutions have cadres management permissions do medical subject, the competent department) shall, in accordance with their respective responsibilities, is responsible for the poor record of commercial bribery report verification, and deal with the involved units and personnel.
Article 5 (adverse record situation)
The pharmaceutical production and operation enterprises and their agents shall not give to the medical and health institutions of their pharmaceutical products or their property or other improper interests. Any of the following circumstances shall be included in the record of commercial bribery:
(1) the people's court shall, in accordance with the criminal law, impose a criminal penalty if the people's court decides that it constitutes a bribery crime, or a minor offense, which does not require a criminal punishment;
(2) if the circumstances of bribery are minor, the people's procuratorate shall make no decision on its decision;
(3) to be investigated by the discipline inspection and inspection authorities for bribery and to make relevant treatment according to law;
(4) administrative penalty shall be made by the fiscal, industrial and commercial administration (market supervision), food and drug administration (market supervision), etc.;
(5) other circumstances stipulated by laws, regulations and rules.
Chapter ii administration of medical and health institutions and their staff
Article 6 (ACTS prohibited)
The staff of medical and health institutions shall not take advantage of their functions and accept improper interests, and shall not have the following ACTS:
(1) cash, gift CARDS, gift certificates, items, etc. in the form of cash, gift CARDS, vouchers, etc.
(2) reimbursement of personal expenses paid by the staff of the medical and health institutions and their spouses, children and other relatives to the pharmaceutical production and operation enterprises and their agents;
(3) medical institutions staff and their spouses, children and other relatives accept pharmaceutical production and operation enterprises and their agents invited (outside) in capital contribution with, travel, tourism, commercial entertainment venues disguised entertainment, etc.;
(4) in medical treatment activity for medicine production and business enterprises and their agent clinical promotion fee, billing fee (due to introduction of instrument examination, laboratory tests and other medical examination and fees), prescription fee, fee or other fees of the nature of costs, etc.;
(5) other ACTS of improper interest which are prohibited by the laws and regulations.
Article 7 (responsibilities of departments and departments)
Enhancement of healthcare agency construction management department, the relevant functional departments and director of clinical departments shall supervise and inspect the unit and the enhancement of the construction of the department, prevent the unit, the staff accepting bribes from the business department.
Article 8 (institutional responsibility)
Medical and health institutions shall strengthen the construction of the style of this unit and its leadership remedy improper practices that harm public interests and set up medical institutions internal record management system, commercial bribery to solving of problems existing in the field of medicine purchase and sale.
Article 9 (clean contract)
Medical and health institutions in the pharmaceutical production enterprise, and their agents to sign the purchase contract shall be signed at the same time clean procurement contract, listed companies designated medical representative name, may not be the implementation of commercial bribery, such as enterprise are on commercial bribery bad record will terminate the purchase and sale contract and be liable for breach of contract and other similar terms.
Chapter iii report on bad records, verification and publication
Article 10 (report management)
Any unit or individual to find medical institutions staff accepting or ask for medicine production and operation enterprises and their agents to give money, valuables or other improper interests, report to the relevant department shall have the right.
The administrative departments of health and family planning, medical and health institutions and their superior departments shall publicize the reporting channels and facilitate the public to report the bad behaviors of commercial bribery in the field of pharmaceutical purchase and marketing.
The health and family planning administrative departments, medical and health institutions and their superior departments shall investigate and verify the report after receiving the report.
Article 11 (submission by stage)
This municipality has established a level of commercial bribery in the field of pharmaceutical purchase and marketing.
Medical and health institutions shall, in the present provisions listed in article 5 of the situation within 5 working days after the relevant documents, to the district health family planning administrative department or the competent department to submit the list involved in pharmaceutical production and operation of enterprises and their agents.
District family planning administrative department of public health, medical and health institutions, the competent department shall, involved in the investigation and mastering belongs to medical institutions have a list of these provisions of the ACTS listed in article 5 of the enterprise, within 5 working days after the after verification of the relevant materials submitted to the municipal public health administrative departments of family planning.
The municipal health and family planning administration shall, within 15 working days of receipt of the submission materials, verify it according to the relevant provisions.
Article 12 (statement of defense)
The municipal health and family planning administrative department shall notify the parties in writing before taking the pharmaceutical production and operation enterprises and their agents into commercial bribery records. The parties to be included in the commercial bribery have objections to the record, can after receiving the notify within 5 working days from the date of the statement, defend, may request a hearing when necessary, but the hearing content does not include the relevant departments to make the decision.
The hearing procedure shall be carried out in accordance with the provisions of the administrative penalty for health administration.
Article 13 (public administration)
City is responsible for the family planning administrative department of public health shall be included in the commercial bribery record relevant content on the website of the department, published items include: pharmaceutical production enterprise and the agent's name, business address, legal representative or director, responsible name and position, the illegal reason and published documents about judgment and decision of punishment, the information such as commencement date.
The municipal health and family planning administrative department has reported to the national health and family planning commission within one month of the publication of the bad records of commercial bribery.
Chapter iv supervision and administration
Article 14 (administrative supervision)
Family planning administrative department of public health at all levels shall establish information communication and cooperation mechanism, strengthen and judicial, industry and commerce, market supervision, finance, prices, business, food and drug supervision, market supervision, human resources, social security and other departments of communication, exchanging the information on pharmaceutical sales field of commercial bribery case, share the investigation result, the aggregation and report in time.
Article 15 (supervision and inspection)
The competent departments of health and family planning at all levels and the competent departments of medical and health institutions shall, according to the provisions of this regulation, improve and improve the corresponding working mechanism, and carry out the following supervision and inspection on medical and health institutions:
(1) signing the contract for clean purchase and sale of pharmaceutical products of medical and health institutions with the pharmaceutical production and operation enterprises and their agents;
(2) accurate and timely reporting of business bribery;
(3) to deal with the implementation of the bad records of commercial bribery and stop purchasing related medical products as required;
(4) handle the corresponding persons responsible for the unit according to the regulations.
Article 16 (handling of pharmaceutical enterprises and agents)
The pharmaceutical production and operation enterprises and their agents listed in the record of commercial bribery shall be dealt with according to the following provisions:
(a) to 1 on the city's commercial bribery record and 2 times within five years and above listed in the national health and family planning commission released by other provincial commercial bribery record pharmaceutical production and operation of enterprises and their agents, pharmaceutical products to the city centralized purchasing management department 2 years involved drug purchase qualifications (excluding shortage varieties), do not accept their products to participate in the centralized purchasing application; Medical and health institutions may not purchase pharmaceutical products within two years of the publication of the list of adverse records.
(2) the one listed in the national health and family planning commission published other provincial commercial bribery record pharmaceutical production and operation of enterprises and their agents, in bad record list released after 2 years, this city centralized purchasing management department of medical product and medical and health institutions in the tender, procurement when marking points process of the enterprise products.
If the company is listed as a business bribery record, its legal entity shall not bear the corresponding responsibilities with the company; If a subsidiary of a legal person is included in the record of commercial bribery, the company shall not bear the corresponding responsibilities.
Article 17 (personal handling of the matter)
The staff of medical and health institutions receiving commercial bribery shall be given the following treatment according to law; If it is suspected of a crime, the judicial organ shall be transferred to criminal responsibility.
(1) if the value of commercial bribery is less than 1,000 yuan, it shall be subject to the treatment of the medical and health institution for criticizing the education, informing the criticism, cancelling the appraisal of the year and the qualification of the professional title; The administrative penalty that relates to a physician's warning is given by the health and family planning administration.
(2) taking bribes from a commercial value in more than 1000 yuan, less than 5000 yuan, by the medical institutions to give criticism education, informed criticism, and cancel the recommendation, determining qualifications, low hire, to put off hiring and firing slots, etc; The administrative departments of health and family planning concerned shall be given the administrative penalty for suspension of practising activities for more than 6 months and less than 1 year.
(3) if a commercial bribe is received in the form of a commercial bribe or a commercial bribe, the medical and health institution shall be responsible for the termination of the business bribe. The administrative department of health and family planning concerned shall be given the administrative penalty for revoking the practice certificate.
(4) medical institutions hire retired personnel of accepting bribes from the business, by the medical and health institutions to discharge processing, involving the physician by the family planning administrative departments of public health at the beginning of this paragraph (1) and (2), item (3) regulation, give corresponding administrative penalty.
According to the provisional rules of punishment of the staff of the institution, the circumstances shall be given warning, demerits, reduced post grades, dismissal, dismissal, etc. Those who accept commercial bribery as a result of major social impact or serious consequences shall be reprocessed.
Article 18 (mitigated treatment)
Healthcare agency staff active account related department has yet to grasp the violations, and actively take measures to effectively avoid or recover losses, influence, can be mitigated punishment or be exempted from processing.
Article 19 (management personnel)
If the staff of medical and health institutions accepts commercial bribery, the management personnel shall make the following treatment according to law:
(a) medical institutions staff accepting bribes from the business, by the medical and health institutions of the personnel department (department) to give criticism, head of the education, admonishing conversation, shall be ordered to make a written examination and other processing.
Two (2) 1 year medical institutions staff taking bribes from a business, by the medical and health institutions for staff education, head of the department (department) to give criticism, admonishing conversation, shall be ordered to make a written examination, such as processing, to give criticism to the enhancement of health services management, head of education, admonishing conversation, shall be ordered to make a written examination, such as processing, by the competent department responsible for medical and health institutions to give criticism education, admonishing conversation, etc.
Three (3) 1 year or more healthcare agency staff accepting bribes from the business, by the medical and health institutions for staff education, head of the department (department) to give criticism, admonishing conversation, shall be ordered to make a written examination, such as processing, to the enhancement of health services management, head to give informed criticism, adjust the position, such as processing, by the competent department of medical and health institutions give notification, head of the criticism, dean of performance appraisal to reduce order processing, given a warning or repairs.
Within 1 year (4) of the same department (department) occur two or more healthcare agency staff taking bribes from a commercial, head (department) by medical institutions to give notification criticism, adjust the position and other processing.
Those who accept commercial bribery as a result of major social impact or serious consequences shall be reprocessed.
Article 20 (treatment of medical and health institutions)
If a medical and health worker receives a commercial bribe, the medical and health institution shall give the following treatment according to law:
(a) for commercial bribery in medical and health institutions, reported by the competent department to give criticism, rectification within a time limit, such as processing, the family planning administrative department of public health to give bad practice behavior score 2 points, points to deal with the public hospital performance evaluation.
Two (2) for 1 year of commercial bribery of medical and health institutions, reported by the competent department to give criticism, rectification within a time limit, such as processing, the family planning administrative department of public health gives bad practice behavior score 2 points, points to deal with the public hospital performance evaluation, revocation of the municipal public health family planning system unit title of spiritual civilization.
Three (3) for 1 year and above of commercial bribery of medical and health institutions, reported by the competent department to give criticism, rectification within a time limit, such as processing, the family planning administrative department of public health to give bad practice behavior score 2 points, the performance evaluation of public hospitals make points processing, informed criticism, lower level or order in the city, to accept the medical and health institutions within 1 year suspended large medical equipment in new, bed expansion application, such as processing, revocation of the municipal public health family planning system unit title of spiritual civilization.
Those who accept commercial bribery as a result of major social impact or serious consequences shall be reprocessed.
Article 21 (administrative departments of higher authorities)
Healthcare agency staff accepting commercial bribery, and has the following circumstances, the municipal family planning administrative department of public health of the medical and health institutions to the competent department give the criticized, the cadre management authority of the relevant departments of the medical and health institutions to the competent department head to give criticism education, admonishing conversation, etc.
(1) the same medical and health organization within the scope of the higher competent authorities shall have three or more commercial bribery within one year.
(2) a commercial bribe occurred in 2 or more medical and health institutions within 1 year within the scope of the superior competent department.
(3) if the medical and health institutions of the higher authorities accept commercial bribery as a result of serious social consequences or serious consequences.
Article 22 (unit behavior processing)
Medical and health institutions or their departments (departments) accept commercial bribery and give the following treatment according to law:
(1) when the department of medical and health services (department) receives commercial bribery, the head of the department (department) shall be notified by the medical and health institutions of criticism and adjustment of duties; To be responsible for the administration of the administration of medical and health agencies, the medical and health institutions shall be responsible for the treatment of education, the speech of the children and the written examination. The head of the medical and health organization shall be dealt with by the competent authorities of the higher authorities, and the performance appraisal of the President shall be reduced and other treatments shall be dealt with. For medical and health institutions, by the competent department to give informed criticism, rectification within a time limit, such as processing, by the family planning administrative department of public health to bad practice behavior score four points, informed criticism, lower level or order in the city.
(2) medical institutions, of accepting bribes from the business of medical and health institutions, by the competent department give notification criticism, dean of performance appraisal to reduce order processing, give a demerit punishment; For medical and health institutions, reported by the competent department to give criticism, rectification within a time limit, such as processing, the family planning administrative department of public health to give bad practice behavior score 4 points, the performance evaluation of public hospitals make points processing, informed criticism, lower level or order in the city, to accept the medical and health institutions within 1 year suspended large medical equipment in new, bed expansion application, such as processing, revocation of the municipal public health family planning system unit title of spiritual civilization.
(3) the handling of the personnel involved shall be executed in accordance with article 17 of this regulation.
Those who accept commercial bribery as a result of major social impact or serious consequences shall be reprocessed.
Article 23 (party discipline and discipline)
If the relevant personnel in the commercial bribery process need to be held accountable for party discipline and discipline, the disciplinary inspection and supervisory organization shall handle the procedures of the investigation and handling of the case of party discipline and discipline; If the organization is to be dealt with, it shall be organized by the personnel department of the organization or by the disciplinary inspection and inspection authorities responsible for the investigation, and shall organize the personnel departments to handle the administrative rights and procedures of the cadres concerned.
Chapter v supplementary provisions
Article 24 (validity period)
This provision shall be effective as of September 15, 2017 and shall be valid for five years.
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