《深圳经济特区实施〈医疗机构管理条例〉若干规定》实施细则(修订) Detailed Rules on the Implementation of the Provisions of Shenzhen
2009-03-24 法律英语 来源:互联网 作者: ℃Article 16 A medical institution may only use one name generally. The name use shall accord with the following principles:
(1) The name shall be consisted of the identification title and exclusive title. The exclusive title shall be adaptable to the medical institution‘s scale and diagnosis subjects;
(2) The medical institution established by the enterprise, institution or mass organization shall use the name of the establishing unit as its identification title; the medical institution established by the individual or partners shall use the individual full name or surname as its identification title; No medical institution may use the name of an administrative division as the identification title of medical institution.
Article 17 If different applicants apply for using the same name, the unit or individual who firstly applies may use it.
Article 18 The individual and partnership clinic shall not employ health technical person to undertake the medical work.
If other medical institution employs health technical person to undertake the medical work, it shall report the employment to the district administrative department of health, where it locates, for record within 7 days from the employment, and submit the following materials:
(1) The Practicing License of Medical Institution of the employer;
(2) The identification card of the employee, the original and copy of the Qualification of Practice;
(3) The retirement certification, unemployment certification or resignation certification of the employee and other relevant certification materials;
(4) The employment contract concluded by the medical institution and the employee.
Article 19 The medical institution shall practice according to the permitted subjects, and shall not set up a subject beyond the scope to undertake diagnosis activities.
Article 20 The medical institution shall not withhold the
infectious patient of plague, cholera, or tuberculosis,or other infectious patient who is prohibited by the State to be withheld.
Article21 The medical institution shall set up the drugstore according to relevant provisions, and distribute the medicine according to the paper of prescription, and shall not sell the medicine to the outside.
Article 22 The medical institution without the preparation permit shall not compound medicines. The medical institution with the preparation permit may only provide the medicines compounded by it to the patients, who are treated by this medical institution, and shall not sell the compounded medicines by any means.
Article 23 The medical institution shall not use the measurement instrument that is not calibrated or calibrated to be unqualified.
Article 24 The advertisement on medical care shall observe relevant provisions of the State and local administration on advertisement.
Article 25 The name board of medical institution shall be made according to the standard provided by the municipal administrative department of health.
Article 26 The health worker or health technical person of medical institution in the work shall wear uniform dress and the duty card uniformly made by the administrative department of health.
Article 27 Any one, who undertakes the activity of preparing the establishment of a medical institution without the Approval Certificate of Establishing Medical Institution or with an invalid Approval Certificate of Establishing Medical Institution, shall be ordered to stop the illegal preparation activity, and be imposed a fine of 3,000 yuan by the administrative department of health.
Article 28 If a medical institution set up a subject beyond the scope approved in the Practicing License of Medical Institution, the administrative department of health shall order it to cancel the subject illegally set up, confiscate the medicines and instruments using for the subject illegally set up, and the illegal gains, and impose a fine of 5,000 to 20,000 yuan. If the medical institution refuses to make correction, it shall be revoked the Practicing License of Medical Institution.
Article 29 If a medical institution arbitrarily changes its name, registered capital or person in charge without being approved, it shall be imposed of a fine of 3,000 yuan by the administrative department of health. If it arbitrarily changes its address, it shall be ordered to make correction and imposed a fine of 10,000 yuan by the administrative department of health. If it refuses to make correction, it shall be revoked the Practicing License of Medical Institution.
Article 30 If a medical institution does not apply for examination and check according to relevant provisions, and continues to undertake the diagnosis activities, it shall be ordered to apply for supplementary examination and check within a time limit, and be imposed a fine of 5,000 yuan by the administrative department of health. If it refuses to apply for supplementary examination and check within the time limit, it shall be revoked the Practicing License of Medical Institution.
Article 31 If the name of a medical institution doesn‘t accord with the requirements of relevant provisions, the administrative department of health shall order it to make correction. If it refuses to make correction, it shall be imposed a fine of 3,000 yuan, and be compulsorily corrected by the administrative department of health.
Article 32 If a medical institution employs person to undertake the medical or technical work of health in violation of relevant provisions, it shall be ordered to make correction, and be imposed a fine of 5,000 to 10,000 yuan by the administrative department of health. If the circumstances are serious, it shall be ordered to stop business for internal rectification, or be revoked the Practicing License of Medical Institution.
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Article 33 If a medical institution withholds the infectious patient of plague, cholera, tuberculosis, or other infectious patient who is prohibited by the State to be withheld, it shall be imposed a fine of 10,000 yuan by the administrative department of health.
Article 34 If a medical institution doesn‘t use the medical record book, medical handbook, prescription paper or certification uniformly printed by the municipal administrative department of health, it shall be ordered to make correction, and be imposed a fine of 1,000 yuan by the administrative department of health.
Article 35 If a medical institution installs drugstore, or distributes medicine without prescription paper, or sells medicine to the outside, in violation of relevant provisions, it shall be ordered to make correction, and be imposed a fine of 5,000 yuan by the administrative department of health.
Article 36 If a medical institution installs its name board in violation of relevant provisions, it shall be ordered to make correction by the administrative department of health. If it refuses to make correction, it shall be imposed a fine of 1,000 yuan. The administrative department of health may take compulsory correction measures, and the expenses of the compulsory correction measures shall be borne by the medical institution.
Article 37 If a medical institution fails to pay the administrative fee to the administrative department of health exceeding 3 months, it shall pay a extra overdue fine of 5‰ of the fee for every exceeding day.
Article 38 The medical institution committing illegal act shall be punished by the administrative department of health, which firstly finds out the illegal act in the examination. The municipal and district administrative departments of health shall not make punishments to the same illegal act repeatedly.
Article 39 These detailed rules shall go into effect as of the date of promulgation
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