China News Service, March 13. According to the website of the National Health Commission, 10 departments including the National Health Commission recently issued opinions on strengthening inter-departmental law enforcement linkage in medical supervision (hereinafter referred to as the "Opinions").
The opinion mentioned that behaviors that undermine the order of fair medical treatment should be severely cracked down on.
Local public security, health, traditional Chinese medicine and other departments at all levels should investigate the situation of "medical care", "traffickers", "black ambulances" and "black nurses" operating in and around medical institutions, as well as medical-related rumors and malicious hype, and investigate If disrupting the normal medical order constitutes a violation of public security management, the public security organs will impose public security management penalties in accordance with the law. For those suspected of committing crimes, the judicial organs will investigate criminal liability in accordance with the law.
The full text of the opinion is as follows:
Opinions on strengthening inter-departmental law enforcement linkage in medical supervision
Health committees, network information offices of party committees, higher people's courts, people's procuratorates, public security departments (bureaus), market supervision bureaus (departments, committees), medical insurance bureaus, bureaus of traditional Chinese medicine, disease control and prevention of all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps Bureau, Drug Administration:
In order to strengthen the cooperation between medical supervision and law enforcement departments, form a cross-department joint supervision and law enforcement force, severely crack down on illegal activities in medical practice activities, standardize the order of the medical service industry, ensure the healthy development of the medical service industry, and safeguard the people's health rights and interests, according to the "General Office of the State Council" The spirit of documents such as "Guiding Opinions on Deeply Promoting Cross-departmental Comprehensive Supervision" (Guo Ban Fa [2023] No. 1), "Guiding Opinions on Reforming and Improving the Comprehensive Supervision System of the Medical and Health Industry" (Guo Ban Fa [2018] No. 63), The following opinions are hereby put forward on strengthening the inter-departmental law enforcement linkage of medical supervision.
1. Adhere to the system concept and coordinate and promote the joint supervision and law enforcement working mechanism
(1) Strengthen the construction of medical supervision and law enforcement teams.
The medical supervision and law enforcement team is an important part of the comprehensive health supervision team and the basis for the implementation of cross-departmental law enforcement linkage in medical supervision.
All localities should strengthen the construction of medical supervision and law enforcement teams, provide strong support, and strengthen medical supervision and law enforcement guarantees.
All localities should carry out training for medical supervision and law enforcement teams to continuously improve law enforcement personnel's knowledge of laws, regulations and the medical industry, and law enforcement skills.
(2) Establish and improve a working mechanism for regular consultations.
All localities must establish and improve a cross-departmental law enforcement consultation mechanism for medical supervision with the health department as the leader and the market supervision, medical security, traditional Chinese medicine, drug supervision, public security, cyberspace and other departments as member units.
Work conferences are held every year to report on the progress of cross-department law enforcement linkage work in medical supervision of various departments, coordinate major cross-department matters, and study the comprehensive application of supervision and law enforcement results.
(3) Establish a work list of joint supervision and law enforcement essentials.
Local health, market supervision, medical security, traditional Chinese medicine and other departments at all levels must base their decisions on the findings of daily supervision and law enforcement by their departments or the outstanding problems and systemic risks in the medical practice process reported by medical institutions during self-examination, as well as the findings of public opinion monitoring, mass Complaints and reports reflect clues to major illegal issues and other important information, and explore the establishment and formation of a joint supervision and law enforcement work list.
(4) Promote cross-departmental joint resolution of problem clues.
All localities should establish and improve mechanisms for organizing, resolving, transferring, and investigating problem clues.
Establish a "one case, multiple investigations" mechanism. Local health, market supervision, medical security, traditional Chinese medicine and other departments at all levels, while investigating and handling illegal activities related to medical institutions, must also report suspected illegal activities to upstream and downstream affiliated enterprises and units of illegal entities. Handle another case or notify the administrative department with jurisdiction. Through departmental linkage, we can investigate and deal with related illegal activities in the case to achieve "one case with multiple investigations". It is necessary to ensure that all necessary investigations are carried out and dealt with effectively, but also to prevent multiple inspections and duplication. punishment.
In the process of industry supervision, other administrative departments discover clues to the illegal behavior of unqualified medical institutions and personnel without medical qualifications in providing diagnosis and treatment services without authorization, and should promptly report them to the health department at the same level.
Any violations of laws and regulations related to medical services discovered by local health departments at all levels during their participation in special actions such as cracking down on insurance fraud and business practices, as well as those handed over by the audit and disciplinary inspection departments, must be subject to administrative penalties in accordance with the law.
(5) Establish a supervision mechanism for major cases.
During the investigation and handling of administrative cases, local health, market supervision, medical security, traditional Chinese medicine, public security and other departments at all levels may carry out joint law enforcement on a case-by-case basis for cases that are complex, cause certain social impact, or where the illegal circumstances involve the supervision responsibilities of multiple departments. , give full play to the advantages of each member department within the scope of responsibilities of each department, and improve the efficiency of case handling.
If subsequent cooperation from the People's Court is required, a copy of the relevant information can be reported to the People's Court at the same level to better strengthen information communication and collaboration.
The department with the main issues involved in the case clues shall be the leading department, and shall work with the participating member departments to formulate a joint law enforcement plan and clarify the specific tasks of each member department in handling the case; the member departments participating in joint law enforcement shall identify the participating personnel and obey the unified arrangements of the leading department.
For cases that are of public concern and may trigger major public opinion, relevant member departments can form a joint investigation team to provide unified command and unified dispatch to ensure that the case is handled promptly and securely.
(6) Strengthen the connection between administrative law enforcement and criminal justice.
Local administrative departments such as health, market supervision, medical security, and traditional Chinese medicine at all levels must strengthen coordination and cooperation with judicial organs such as public security, courts, and procuratorates in information sharing, clue transfer, joint investigations, and application of laws, and establish and improve a two-way connection mechanism for executions. .
In the process of investigating and handling illegal acts in accordance with the law, it is necessary to accurately grasp the boundaries between executions, clarify the transfer standards, and prohibit the occurrence of punishment in lieu of punishment or demotion. If a suspected crime is discovered and criminal liability needs to be investigated in accordance with the law, it should be promptly transferred to the public security organ for processing in accordance with relevant regulations. , and transfer the transfer letter, investigation report, item list, inspection report or identification conclusion of the suspected criminal case to the public security organ.
If there are situations such as violent resistance to the law, the case should be reported to the public security organs in a timely manner.
After the public security organ files a case, it requests relevant administrative departments such as health, market supervision, and medical security to provide assistance in inspection, identification, identification, and preservation, destruction, and disposal of the items involved in the case, and the administrative departments must actively cooperate.
If there is no need to pursue criminal liability or be exempted from criminal punishment according to law, but administrative penalties should be imposed, or if administrative penalties should be imposed after criminal liability is investigated, the judicial organs should promptly transfer the case or notify the relevant administrative departments of the judgment information.
(7) Establish and improve a mechanism for the coordinated use of supervision and law enforcement results.
All localities should establish a reporting system for typical cases to act as a powerful deterrent.
Explore the linking mechanism between supervision and law enforcement results and medical institution verification, grade review, medical insurance fixed-point agreement management, etc., as well as with practitioners' evaluation and evaluation, and promote the coordinated application of supervision and law enforcement results.
2. Adhere to problem orientation, highlight key tasks and jointly supervise law enforcement
(8) Jointly conduct random inspections.
Local health, market supervision, medical security, traditional Chinese medicine and other departments at all levels must combine annual key tasks, efficiently coordinate supervision and law enforcement resources, and explore the inclusion of medical supervision matters in the list of joint spot checks of departments in the field of market supervision.
Combined with work responsibilities and supervision needs, joint random inspection tasks can be initiated for key areas and key institutions.
The department that initiated the joint random inspection shall take the lead in formulating a work plan, clarify the task implementation level and scope, and the work responsibilities of the participating member departments, and jointly release joint law enforcement information together with the participating member departments; the member departments participating in the joint law enforcement shall obey the arrangements of the initiating joint law enforcement unit and strictly Perform responsibilities in accordance with laws, regulations, rules and other requirements, and achieve strict standards, fair and civilized law enforcement.
(9) Jointly carry out special rectification of outstanding problems in medical practice activities.
Local health, market supervision, medical security, traditional Chinese medicine, drug supervision and other departments at all levels should combine daily supervision of medical practice, reports and complaints, hot topics of social concern, etc., to target medical cosmetology, assisted reproduction, health examinations, medical examinations, and Internet medical care. Organize joint special rectification activities such as non-medically necessary fetal gender identification and gender-selective artificial termination of pregnancy, buying and selling birth medical certificates or issuing false birth medical certificates, illegal recycling of drugs, etc.
For special rectification, the regulatory departments involved in major issues shall be the leading department. The leading department shall formulate a work plan and clarify specific tasks such as target tasks, scope of development, departmental division of labor, and implementation steps. Participating departments shall actively cooperate and implement departmental regulatory responsibilities in accordance with laws and regulations.
(10) Regulate the development of private hospitals.
All localities should provide private hospitals with a fair market access mechanism and operating environment, and clarify access conditions, management regulations and supervision requirements.
Implement supervision and spot checks on the daily operations and service quality of medical institutions, and standardize the legal practice of private hospitals.
We will crack down on illegal activities that damage the health rights and interests of the people in accordance with the law, purify the practice environment, and promote private hospitals to operate in compliance with the law and practice in accordance with the law.
(11) Strictly crack down on illegal medical practice.
All localities should establish and improve a multi-departmental cooperation mechanism to combat illegal medical practice to form a joint force.
Local health, market supervision, drug supervision, traditional Chinese medicine, public security, Internet information and other departments at all levels must strengthen cooperation and collaboration, strengthen information exchange and resource sharing, and discover and collect clues to illegal medical practice through reporting and complaints, information monitoring, department transfer, etc.
Local health departments at all levels should regard cracking down on illegal medical practice as a normal part of medical supervision and law enforcement, continue to strengthen daily supervision, management and law enforcement, and always maintain a high-pressure posture to crack down on illegal medical practice. It is necessary to gradually improve the cross-regional administrative penalty information sharing mechanism and solve the problem of two administrative penalties in different places failing to be transferred in time for criminal liability.
Timely report on the progress of the crackdown on illegal medical practice, expose typical cases, and effectively deter illegal criminals.
(12) Seriously investigate and deal with the publishing of illegal advertisements and harmful information.
Local market supervision departments at all levels must severely investigate and deal with the unexamined release of advertisements for drugs and medical devices.
Focus on investigating and punishing the behavior of publishing medical advertisements without review by the health department and failing to comply with the medical advertisement review certificate, and notify the health department at the same level; the health and health administrative department will not accept the party’s application for advertising review within one year; if the circumstances are serious, the health and health administration The department may revoke the diagnosis and treatment subjects or revoke the "Medical Institution Practice License".
If local market supervision departments at all levels need to inquire for relevant information in the process of investigating and handling false and illegal advertisements introducing medical institutions or medical services, the health administrative departments at the same level shall provide assistance.
Local cybersecurity and informatization departments at all levels must actively cooperate with relevant departments to strengthen the monitoring of false medical, drug, and medical equipment information on the Internet, clean up false medical information published by hospitals’ self-built websites, public accounts, etc., and purify the social network environment.
(13) Strictly crack down on behaviors that undermine the order of fair medical treatment.
Local public security, health, traditional Chinese medicine and other departments at all levels should investigate the situation of "medical care", "traffickers", "black ambulances" and "black nurses" operating in and around medical institutions, as well as medical-related rumors and malicious hype, and investigate If disrupting the normal medical order constitutes a violation of public security management, the public security organs will impose public security management penalties in accordance with the law. For those suspected of committing crimes, the judicial organs will investigate criminal liability in accordance with the law.
It is necessary to guide medical institutions to strengthen security precautions in online registration systems, take measures to improve the effectiveness of early warning and countermeasures, and continuously plug loopholes and prevent risks.
Local market supervision departments at all levels must cooperate with relevant departments to strengthen the supervision and management of medical consulting service institutions in accordance with the law, and include institutions with illegal activities in the list of abnormal operations in accordance with laws and regulations and make them public to the public.
All relevant departments must take credit disciplinary measures against illegal institutions and their legal representatives and responsible persons in accordance with the law.
3. Adhere to innovation-driven, uphold integrity and innovation to support joint supervision and law enforcement
(14) Innovation and empowerment to promote supervision and law enforcement information sharing.
All localities should strengthen the construction of supervision and law enforcement platforms and explore the establishment of provincial medical supervision and management platforms.
With the help of emerging technologies such as big data, cloud computing, Internet, and artificial intelligence, we use existing information systems and data resources to collect, integrate, and analyze key information on medical supervision business, strengthen business collaboration, break down information barriers, achieve data sharing and interoperability, and break the " Information islands”.
It is necessary to continue to improve the information disclosure directory of each department, and timely push and obtain "double publicity" information related to administrative licensing and administrative penalties of medical institutions through the supervision and management platform, as well as "double randomization and one disclosure", special inspections and other supervision and law enforcement information.
Explore the sharing of administrative penalty case files to enable member departments to mutually access on-site inspection records, administrative penalty case files and other case information related to medical supervision and law enforcement, and jointly improve the level of supervision and law enforcement in the medical service field through mutual learning and reference.
(15) Explore and establish a risk early warning mechanism.
All localities should explore application data models, establish risk warning mechanisms, and use off-site law enforcement methods to discover clues to violations of laws and regulations.
Establish a risk rule model using big data, cross-compare medical supervision data with licensing data in medical institutions and physician and nurse registration network management systems, and immediately discover various issues such as medical institutions' out-of-scope diagnosis and treatment, and medical staff's out-of-scope practice. clues to violations of laws and regulations.
Make full use of modern information technology, integrate random inspections, fixed-point monitoring, illegal breach of trust, complaints and reports and other relevant information, strengthen risk assessment and analysis, and improve the ability to detect problems and prevent and resolve major risks.
Through the risk warning mechanism, medical supervision and law enforcement are linked to achieve a closed-loop law enforcement model of "problem discovery-risk warning-law enforcement disposal-information feedback".
(16) Strengthen credit management and application of results.
All localities should actively apply data analysis to promote credit supervision and management in the field of medical services.
Local health, market supervision, medical security, traditional Chinese medicine and other departments at all levels must promote the establishment of credit record systems for medical institutions and medical personnel in accordance with their duties, and accurately and comprehensively record the registration, qualification review, daily supervision, law enforcement and case handling processes. For the credit behavior of medical service business entities, credit records shall be pushed to the national credit information sharing platform and local government-related information platforms in accordance with the law. If it involves enterprise administrative licensing, administrative penalties, and random inspection information, the credit records shall be pushed to the "Credit China" website and the national enterprise credit in accordance with laws and regulations. The information disclosure system discloses information to the public and promotes joint punishment of dishonest actors in the field of medical services in accordance with laws and regulations.
All localities must coordinate and promote inter-departmental law enforcement linkage in medical supervision, and improve the coordinated supervision and law enforcement mechanism in which each performs its duties, takes responsibility, cooperates with each other, and jointly manages.
All departments should enhance their awareness of the overall situation, comprehensively sort out the list of matters involving medical service supervision in their own departments, clarify departmental supervision responsibilities, ensure the effective connection of responsibilities between departments, avoid supervision gaps and multiple enforcement, and effectively enhance the joint force of supervision and law enforcement.
General Office of National Health Commission
Secretariat of the Central Cyberspace Administration of China
General Office of the Supreme People's Court
General Office of the Supreme People's Procuratorate
General Office of the Ministry of Public Security
General Office of the State Administration for Market Regulation
National Medical Insurance Administration Office
General Department of State Administration of Traditional Chinese Medicine
Comprehensive Department of National Administration for Disease Control and Prevention
Comprehensive Department of State Food and Drug Administration
February 21, 2024