With the development of society, people's yearning for a better life is getting stronger and stronger, and the demand for beauty through medical technology is also growing. If you are eager for beauty, please keep your eyes open and look at these illegal medical beauty cases around us to avoid the medical beauty minefield!
Case 1
Briefcase
According to the complaint clues, law enforcement officers in Chancheng District found that a medical beauty clinic company was providing "double eyelid incision" service for patients, also known as double eyelid surgery, and providing infusion service for three patients. After investigation, the medical beauty clinic co., Ltd. has a business license, but does not have a medical institution practice license, that is, it has carried out medical activities without obtaining a medical institution practice license.
The above acts violate Article 24 of the Regulations on the Administration of Medical Institutions and Article 23 of the Measures for the Administration of Medical Beauty Services. According to Article 44 of the Regulations on the Administration of Medical Institutions, Article 28 of the Measures for the Administration of Medical Beauty Services, and Paragraph 1 of Article 77 of the Detailed Rules for the Implementation of the Regulations on the Administration of Medical Beauty Services, administrative penalties such as fines, confiscation of illegal income, and confiscation of drugs and devices are imposed. Be fined, and the amount of fines (value) is more than 200,000 yuan.
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To carry out medical beauty activities, it is necessary to obtain the practice license of medical institutions. According to the Regulations on the Administration of Medical Institutions and its implementing regulations, the Measures for the Administration of Medical Beauty Services and other requirements, institutions providing medical beauty services must obtain the Practice License of Medical Institutions. The Medical Beauty Clinic Co., Ltd. engaged in medical beauty services without obtaining the Practice License of Medical Institutions, which is an illegal act and should be given administrative punishment according to law.
With the prosperity of the medical beauty market, many newly opened medical beauty institutions carry out medical beauty services without completing the relevant qualifications, which poses a threat to the people's safe medical treatment and disrupts the healthy development of the medical beauty service market, and must be severely investigated.
Case 2
Briefcase
According to reports from the masses, law enforcement officers of a medical beauty clinic in Nanhai District found that the clinic belongs to an institution that can only carry out one type of project according to the Catalogue of Classified Management of Medical Beauty Projects, but in fact the clinic has carried out two or three types of medical beauty projects. According to the Measures for the Administration of Medical Beauty Services and the Regulations on the Administration of Medical Institutions and their detailed rules for implementation, the over-opened medical treatment projects and activities were investigated, fined and revoked. Doctors involved in medical activities are also investigated and dealt with according to law.
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To carry out medical beauty activities, we must carry out corresponding diagnosis and treatment activities within the prescribed items and registration scope.
Regulations on the Administration of Medical Institutions and its implementing regulations, Measures for the Administration of Medical Beauty Services, etc. It is stipulated that medical beauty service institutions should carry out medical beauty services within the approved scope of medical beauty diagnosis and treatment. According to the Catalogue of Classified Management of Medical Beauty Projects, the corresponding projects of cosmetic surgery, cosmetic dentistry, cosmetic dermatology and cosmetic Chinese medicine are stipulated, among which cosmetic surgery is divided into first-class projects, second-class projects, third-class projects and fourth-class projects, and the regulations are strict and clear. Reply of the Ministry of Health on the practice of Wuhan Zhongyu Medical Beauty Clinic (Wei Han [20/KLOC-0] No.422): "According to the Regulations on the Administration of Medical Institutions, the Detailed Rules for the Implementation of the Regulations on the Administration of Medical Institutions, the Measures for the Administration of Medical Beauty Services, and the Catalogue of Classified Management of Medical Beauty Projects, medical institutions should carry out medical beauty at corresponding levels according to their categories, and outpatient departments should carry out medical beauty projects.
At present, there are many medical beauty institutions on the market. When choosing, citizens can inquire about relevant practice information through the internet and choose the corresponding medical institutions according to the services they need.
Case 3
Briefcase
After receiving complaints from the masses, someone provided the service of "cutting double eyelid surgery" in a certain district in Nanhai District. According to the clue that illegal acts occurred in residential areas, law enforcement officers of districts, towns and streets organized joint actions of community neighborhood committees and residential property management, and entered the residential area for inspection with the cooperation of many parties. After investigation and verification, the client was not a doctor, and had done "double eyelid plastic surgery" for people in residential areas, and the whole process was recorded by a law enforcement recorder, which effectively prevented the client from retracting his confession.
The above-mentioned behavior of the parties concerned belongs to plastic surgery without obtaining the doctor qualification certificate and doctor practice certificate, and shall be punished according to the provisions of Article 39 of the Law of People's Republic of China (PRC) Municipality on Medical Practitioners.
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Medical beauty activities must be carried out in regular medical institutions and by qualified personnel.
Medical beauty activities are a kind of medical activities, which have an important impact on the life, health and safety of the parties. China laws and regulations have strict standards for relevant medical institutions and employees. To carry out medical beauty activities, medical professionals with relevant professional qualifications must operate in medical institutions with the Practice License of Medical Institutions. According to Article 39 of the Law of People's Republic of China (PRC) on Medical Practitioners, non-doctors will bear administrative responsibilities according to law.
At present, WeChat, Weibo, etc. It has become a frequent communication and propaganda tool for the masses. Some lawless elements use convenient communication channels to lure the masses to carry out medical beauty activities in residential areas, which has brought certain obstacles to investigating and handling illegal acts. Before receiving medical beauty services, citizens must keep their eyes open and choose a formal medical institution, which is conducted by qualified personnel.
legal provision
Law of People's Republic of China (PRC) on Medical Practitioners
Article 39 Medical institutions or non-doctors who practice medicine without approval shall be banned by the health administrative department of the people's government at or above the county level, their illegal income, medicines and devices shall be confiscated, and a fine of not more than 100,000 yuan shall be imposed; Revoke the doctor's practice certificate; If it causes damage to the patient, it shall be liable for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Regulations on the administration of medical institutions
Twenty-fourth any unit or individual, without obtaining the "practice license of medical institutions", shall not carry out medical activities.
Twenty-seventh medical institutions must carry out medical activities in accordance with the approved and registered medical subjects.
Article 44 Whoever, in violation of the provisions of Article 24 of these regulations, practices without obtaining the Practice License for Medical Institutions shall be ordered by the health administrative department of the people's government at or above the county level to stop practicing, and his illegal income, drugs and equipment shall be confiscated, and he may be fined 6,543,800 yuan according to the circumstances.
Article 47 Whoever, in violation of the provisions of Article 27 of these regulations, conducts medical treatment activities beyond the scope of registration shall be given a warning by the health administrative department of the people's government at or above the county level, ordered to make corrections, and may be fined not more than 3,000 yuan according to the circumstances. If the circumstances are serious, the Practice License of Medical Institution shall be revoked.
Detailed rules for the implementation of the regulations on the administration of medical institutions
Article 77 Those who have not obtained the Practice License for Medical Institutions shall be ordered to stop their practice activities, confiscate their illegal income, medicines and devices, and impose a fine of not more than 3,000 yuan; Under any of the following circumstances, it shall be ordered to stop practicing, confiscate the illegal income, drugs and equipment, and impose a fine of more than 3,000 yuan 1 10,000 yuan: (1) Being punished by the health administrative department for practicing without authorization; (two) the personnel who practice without authorization are non-health technical professionals; (3) practicing for more than three months without authorization!