Will there be administrative penalties for falsifying medical records?

First, the Regulations on the Handling of Medical Accidents, the Law of the People's Republic of China on Medical Practitioners, and the Regulations on the Management of Medical Records of Medical Institutions stipulate that it is strictly forbidden for anyone to alter, forge, conceal, destroy, snatch, or steal medical records. According to Article 58 of the Regulations on the Handling of Medical Accidents and Article 37 of the Law of the People's Republic of China on Medical Practitioners, the former provides:

Medical institutions or other relevant institutions that alter, falsify, conceal, or destroy medical records and materials shall be "ordered to make corrections by the administrative department of health and given a warning; The responsible managers and other directly responsible personnel shall be given administrative sanctions or disciplinary sanctions in accordance with law; If the circumstances are serious, the original licensing department shall revoke its practice certificate or qualification certificate", so altering medical records is a violation of health administrative regulations, and the doctor may be punished by the administrative department according to the severity of the circumstances.

Second, article 305 of the Criminal Law of the People's Republic of China: In criminal proceedings, a witness, evaluator, recorder, or translator intentionally makes false testimony, appraisal, record, or translation of circumstances that are important to the case, with the intention of framing others or concealing criminal evidence, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term detention; where the circumstances are serious, the sentence is between 3 and 7 years imprisonment. Article 335:

Where medical personnel cause the death of a patient or seriously harm the patient's physical health due to serious irresponsibility, they are to be sentenced to up to 3 years imprisonment or short-term detention. Article 37 of the Law of the People's Republic of China on Medical Practitioners also stipulates that anyone who conceals, forges or destroys medical documents and related materials without authorization shall be investigated for criminal liability in accordance with the law if a crime is constituted. According to the above-mentioned legal provisions, if medical personnel engage in such acts as falsifying the above, they are likely to be found to have "intentionally made false evidence" or "concealed criminal evidence" in criminal proceedings.

Third, paragraph 8 of Article 4 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings stipulates that in tort lawsuits arising from medical acts, the medical institution shall bear the burden of proof that there is no causal relationship between the medical act and the result of the damage, and that there is no medical fault. If a dispute arises due to medical malpractice, the hospital shall explain its act of altering the medical records, and if there is no reasonable explanation or statutory reason, the other party will not recognize the explanation and is likely to bear the risk of losing the lawsuit; To sum up, altering and falsifying medical records is a serious violation of the Criminal Law, the Evidence Law, the Regulations on the Handling of Medical Accidents, the Law of the People's Republic of China on Medical Practitioners, and the Regulations on the Management of Medical Records of Medical Institutions.

Depending on the severity of the circumstances and harmful consequences, they may have to bear civil liability or even criminal liability, and the relevant personnel's professional qualifications are likely to be revoked and other administrative penalties. <>

1. Bear the corresponding civil liability. 2. From the perspective of administrative liability, the act seriously violated the relevant provisions of the Law of the People's Republic of China on Medical Practitioners. Article 58 of the Regulations on the Handling of Medical Accidents If a medical institution or other relevant institution violates the provisions of these Regulations in any of the following circumstances, the administrative department of health shall order it to make corrections and give it a warning; The responsible managers and other directly responsible personnel shall be given administrative sanctions or disciplinary sanctions in accordance with law; and where the circumstances are serious, the original licensing department shall revoke their practice certificate or qualification certificate

Altering, falsifying, concealing, or destroying medical records. 3. If the circumstances are serious, they may also be investigated for criminal responsibility, and some doctors have been convicted of perjury for making false certificates and deliberately issuing wrong identifications. <>

It is illegal to change medical records. Medical records play an important role in the handling of medical disputes, certain personal injuries, and civil and criminal cases, such as the severity of the victim's injury, which is an important basis for whether and what kind of legal responsibility the perpetrator bears. Perjury issued by intentionally falsifying or tampering with medical records to change the severity of injuries directly affects the severity of the sentence in law, and is already an illegal act, which can seriously interfere with the judicial organs' fair law enforcement.

What is the penalty for falsifying medical records:

1. Responsibility for administrative punishment: Anyone who conceals, forges or destroys medical documents and related dust materials without authorization shall be given a warning or ordered to suspend practice activities for more than 6 months and 1 year by the health administrative department; where the circumstances are serious, their practice certificates are revoked;

2. Responsibility for criminal punishment: Alteration of medical records is not only a violation of the health administrative law, but also a violation of the criminal law. If the purpose of the alteration is to conceal the true situation of the patient's diagnosis and treatment or to cover up his mistakes, he may be suspected of perjury under criminal law.

[Legal basis].Article 58 of the Regulations on the Handling of Medical Accidents.

In any of the following circumstances, where a medical institution or other relevant institution violates the provisions of these Regulations, the administrative department of health shall order corrections and give a warning; The responsible managers and other directly responsible personnel shall be given administrative sanctions or disciplinary sanctions in accordance with law; and where the circumstances are serious, the original licensing department shall revoke their practice certificate or qualification certificate

1) The institution undertaking the autopsy refuses to conduct an autopsy without a legitimate reason;

2) Altering, falsifying, concealing, or destroying medical record materials.

Legal analysis: The basic requirements for writing medical records are objectivity, truthfulness, accuracy, timeliness and completeness, and the act of altering cases destroys the objectivity, authenticity, accuracy and completeness of medical records, and violates the Regulations on the Handling of Medical Accidents, the Law of the People's Republic of China on Medical Practitioners and the Regulations on the Management of Medical Records of Medical Institutions: It is strictly forbidden for anyone to alter, forge, conceal, destroy, snatch or steal medical records.

Therefore, the alteration of medical records is a violation of health administrative regulations, and regardless of the purpose of repentance and alteration of medical records, the doctor should be punished by the administrative department.

Legal basis: Article 37 of the Law of the People's Republic of China on Medical Practitioners Article 37 Anyone who conceals, forges or destroys medical prescription documents and related materials without authorization shall be given a warning or ordered to suspend practice activities for not less than 6 months but not more than 1 year; where the circumstances are serious, their practice certificates are revoked;

It is illegal to issue false medical records and certificates, or to buy, sell or use forged or altered official documents, certificates, or certification documents of state organs, people's organizations, enterprises, public institutions, or other organizations; It is illegal to buy, sell or use false certificates. According to Article 37 of the Law on Medical Practitioners, if a physician signs a diagnosis, epidemiology, epidemiology and other supporting documents or related to birth and death without personally examining and investigating in his or her professional activities, the people's health administrative department at or above the county level shall give a warning or order him to suspend his practice activities for not less than 6 months but not more than 1 year; where the circumstances are serious, their practice certificates are revoked; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 37 of the Law on Medical Practitioners stipulates that if a physician signs a diagnosis, epidemiology, epidemiology or other certification documents or related birth and death certificates in his or her practice activities without personally examining and investigating, he shall be given a warning or ordered to suspend his practice activities for not less than 6 months but not more than 1 year by the people's health administrative department at or above the county level; where the circumstances are serious, their practice certificates are revoked; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Legal Analysis: Regulations on the Handling of Medical Accidents, Law of the People's Republic of China on Medical Practitioners, and Regulations on the Management of Medical Records of Medical Institutions: It is strictly forbidden for anyone to alter, forge, conceal, destroy, snatch, or steal medical records.

Legal Limb Travel Basis:

Criminal Law of the People's Republic of China" Article 305 In criminal proceedings, witnesses, evaluators, recorders, or translators intentionally make false testimony, appraisal records, records, or translations of circumstances that are important to the case, with the intention of framing others or concealing criminal evidence, shall be sentenced to up to 3 years imprisonment or short-term detention; where the circumstances are serious, the sentence is between 3 and 7 years imprisonment.

Legal analysis: The Regulations on the Handling of Medical Accidents, the Law of the People's Republic of China on Medical Practitioners, and the Regulations on the Management of Medical Records of Medical Institutions are strictly forbidden for anyone to alter, forge, conceal, destroy, snatch, or steal medical records.

Legal basis: Criminal Law of the People's Republic of China Article 305: In criminal proceedings, witnesses, evaluators, recorders, or translators intentionally make false testimony, evaluation, recording, or translation of circumstances that are important to the case, with the intention of framing others or concealing criminal evidence, are to be sentenced to up to 3 years imprisonment or short-term detention; where the circumstances are serious, the sentence is between 3 and 7 years imprisonment.