In the past two years,
Everyone is paying more and more attention to the "dog days" health preservation,
Acupuncture, moxibustion, cupping, "three-pronged patches"......
It has become a "cheat" for many people to deal with "sub-health".
Open the review software and short video platform,
"Traditional Chinese Medicine Clinic" and "Health Club"
A handful of searches,
But so many "small clinics",
Is it reliable?
Xiao Li has long-term pain in lumbar disc herniation, and heard that Master Lin's acupuncture techniques are good and can relieve discomfort, so he asked Master Lin for physiotherapy. Although Master Lin's "small clinic" does not have a formal façade, it is an apartment rented in the community, but Xiao Li still accepts acupuncture with the mentality of trying it out, but after several treatments, the effect is not obvious.
The money was spent, but no effect was seen, and Xiao Li reported the "clinic" in a fit of anger. The investigation by the health administrative department found that Master Lin carried out acupuncture treatment activities for 2 months without having the qualifications of a physician, obtaining the "Medical Institution Practice License", and not meeting the conditions for the practice record of the clinic, and the illegal income was about 4,000 yuan.
The health administrative department believes that Master Lin's behavior violated the relevant provisions of the Regulations on the Administration of Medical Institutions, and in view of the fact that he violated the law for less than 3 months, it made a penalty decision on him: confiscated Master Lin's illegal income and imposed a fine, and ordered him to immediately correct the illegal behavior.
After the administrative penalty decision took legal effect, Master Lin did not fulfill his obligations, and the health administrative department applied to the court for compulsory enforcement, requiring Master Lin to hand over the illegal gains, pay a fine, and impose an additional fine.
After trial, the court held that the administrative organ's decision to impose a penalty was in accordance with the provisions of the law in terms of administrative subjects, administrative procedures and administrative basis, and that Master Lin did not apply for administrative reconsideration or file an administrative lawsuit within the period prescribed by law, nor did he perform all the obligations determined by the penalty decision.
Illegal practice of medicine
It refers to the behavior of practicing without obtaining the "Medical Institution Practice License" or without filing, carrying out various diagnosis and treatment activities, and engaging in physician practice activities without obtaining physician qualifications.
Xiao Si reminded
Medical institutions and their practitioners: shall strictly abide by the Regulations on the Administration of Medical Institutions, the Law of the People's Republic of China on Physicians and other laws and regulations, and practice medicine in accordance with law. If you do not have the corresponding qualifications and practice medicine without authorization, you will be investigated for administrative responsibility and pay a relatively large fine; In the case, criminal liability will be pursued, constituting the crime of illegal practice of medicine.
Friends who pay attention to health: Do not believe in advertisements from unknown sources or exaggerated word of mouth, and should go to a regular medical institution for medical treatment when you are unwell to protect your health and life safety. If you encounter illegal practice of medicine or other illegal acts, please report to the health administrative department in a timely manner, and if necessary, you can also protect your rights through litigation and other means.
Swipe to view the law link
Administrative Responsibility
Regulations on the Administration of Medical Institutions
Article 23: No unit or individual may carry out diagnosis and treatment activities without obtaining a "Medical Institution Practice License" or without filing.
Article 43 Whoever violates the provisions of Article 23 of these Regulations by practicing without obtaining a "Medical Institution Practice License" shall be punished in accordance with the provisions of the "Basic Medical Care and Health Promotion Law of the People's Republic of China". In violation of the provisions of Article 23 of these Regulations, if the clinic practices without filing, the administrative department of health of the people's government at or above the county level shall order it to make corrections, confiscate the illegal gains, and impose a fine of not more than 30,000 yuan; and where corrections are refused, order them to stop their practice activities.
Interpretation of the Supreme People's Court on the Application of the Administrative Procedure Law of the People's Republic of China
Article 161:In any of the following circumstances, the people's courts shall rule not to approve enforcement of an administrative act that is the subject of an application for enforcement:
(1) The implementing entity does not have the qualifications of an administrative entity;
(2) There is a clear lack of factual basis;
(3) There is a clear lack of legal or regulatory basis;
(4) Other situations that clearly violate the law and harm the lawful rights and interests of the person subject to enforcement.
Where an administrative organ has an objection to a ruling not to grant enforcement and applies for reconsideration to the people's court at the level above within 15 days, the people's court at the level above shall make a ruling within 30 days of receiving the application for reconsideration.
criminal responsibility
Article 336 of the Criminal Law of the People's Republic of China [Crime of Illegal Practice of Medicine] A person who has not obtained a doctor's license to practice medicine illegally practices medicine, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall be fined concurrently or simply; where the patient's physical health is seriously harmed, a sentence of between three and ten years imprisonment and a concurrent fine is to be given; and where the death of the patient is caused, a sentence of 10 or more years imprisonment and a concurrent fine is to be given.
(Names have been changed)
END
Producer: Siming Court Financial Media Center