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1) The law enforcement unit of the local health bureau. If the health law enforcement personnel inspect the situation on the spot, inquire about the situation, and there is a violation of relevant laws and regulations, they will immediately file a case, and after on-site inspection, investigation and evidence collection, if a crime is constituted, they will be transferred to the judicial authorities for investigation, which is the procedure.
2) Public security departments. If the illegal practice of medicine is a criminal offense, the person concerned should choose to report it to the police.
[Extended content].Dangers of Illegal Medical Practice:
Hazard 1: Misdiagnosis aggravates the patient's condition. Some illegal practitioners do not know how to pretend to understand, resulting in aggravation of patients' conditions and even life-threatening;
Hazard 2: Cause the spread of disease. The incomplete disinfection has caused the masses to contract venereal diseases, and even disposable medical devices have been reused;
Hazard 3: Misuse of antibiotics or hormones. The consequences of the misuse of antibiotics will lead to the development of drug resistance in patients, causing a lot of *** to the body;
Hazard 4: Causing psychological harm to patients. In order to defraud money, or exaggerate the disease, or fabricate the disease, the black clinic causes the patient to suffer economic losses and cause serious mental and psychological harm.
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If it is not enough to commit a crime, the Health and Family Planning Bureau will be in charge, and if it is enough to be punished, it will be handed over to the public security. Reminder, after the Health and Family Planning Bureau has fined 2 times, if it is found again, it will be handed over to the public security, but it is generally sentenced to a suspended sentence and a fine.
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Since 2015, the Health and Family Planning Commission has delegated the management of diagnosis and treatment activities carried out by non-medical institutions to the comprehensive law enforcement of the streets, but the comprehensive law enforcement does not care, and it does not know how to manage it.
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Legal analysis: You can report to the law enforcement unit of the local health bureau, if the health law enforcement personnel inspect the situation on the spot, inquire about the situation, and if there is a violation of relevant laws and regulations, they will immediately file a case, and after on-site inspection, investigation and evidence collection, if a crime is constituted, it will be handed over to the judicial authorities for investigation.
Legal basis: Article 336 of the Criminal Law 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 up to three years imprisonment, short-term detention or controlled release, and/or a fine; 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 years or more imprisonment and a concurrent fine shall be given.
Where a person who has not obtained a doctor's license performs contraceptive reversal surgery, sham birth control surgery, pregnancy termination surgery, or removal of an intrauterine device for others without authorization, and the circumstances are serious, he is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine of a single wide reed; 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.
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Legal analysis: If you find that you are practicing medicine illegally or without a license, you can directly file a complaint and report to the local medical institution supervision and management office.
Legal basis: According to Article 69 of the Detailed Rules for the Implementation of the Regulations on the Administration of Medical Institutions, the responsibilities of the supervision and management offices of medical institutions at all levels:
A) the development of medical institutions supervision and management work plan;
Nian Hong 2) Handle the review, issuance and renewal of certificates by medical institution supervisors;
C) is responsible for the registration of medical institutions, verification and statistics related to supervision and management, and to the same level of health and family planning administration Department of the destruction of the mausoleum report;
4) Responsible for receiving and handling complaints from the public against medical institutions;
E) to complete the health and family planning administrative departments assigned to other supervision and management work.
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Legal Analysis: The fight against illegal medical practice can be reported to the following departments:
Local Health Bureau, Health Posture Epidemic Prevention Station, Industrial and Commercial Bureau, Police Station.
Illegal practice of medicine refers to engaging in diagnosis and treatment activities without doctor's qualifications, including engaging in diagnosis and treatment activities in medical institutions and practicing medical treatment activities without authorization. Those who have doctor's qualifications to practice medicine but have not obtained a license to practice medicine do not belong to the practice of medicine as used in this article.
Legal basis: Article 4 of the "Regulations on the Administration of Medical Institutions" Article 14 Anyone who violates the provisions of Article 24 of these Regulations and practices without obtaining the "Medical Institution Practice License" shall be ordered by the people's health administrative department at or above the county level to stop practicing activities, confiscate illegal gains, drugs and equipment, and may impose a fine of less than 10,000 yuan according to the circumstances.
Article 24 of the Regulations on the Administration of Medical Institutions No unit or individual shall carry out diagnosis and treatment activities without obtaining the Practice License for Medical Institutions.
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Legal analysis: Xing Qingtang, who illegally practiced medicine, was a violation of the criminal law and was suspected of the crime of illegal medical practice. The public security organs are responsible for investigating and handling suspected criminal acts.
Legal basis: Article 336 of the Criminal Law of the People's Republic of China [Crime of illegal practice of medicine; Crime of Illegally Performing Birth Control Surgery] Where a person who has not obtained a doctor's license illegally practices medicine, and the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; 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.
Where a person who has not obtained a doctor's license performs birth control reversal surgery, sham birth control surgery, pregnancy termination surgery, or removal of an intrauterine device for others without authorization, and the circumstances are serious, he is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; 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.
Criminal Procedure Law of the People's Republic of China》 Article 3: The public security organs are responsible for the investigation, detention, execution of arrest, and preliminary trial of criminal cases. The people's procuratorate is responsible for the prosecution, approval of arrest, investigation of cases directly accepted by the procuratorate, and initiation of public prosecutions. The people's courts are responsible for trials.
Except as specifically provided by law, no other organ, group or individual has the right to exercise these powers.
People's courts, people's procuratorates, and public security organs conducting criminal proceedings must strictly abide by the relevant provisions of this Law and other laws.
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Legal analysis: First of all, you can report to the law enforcement unit of the local old liquid rock health bureau, if the health law enforcement personnel inspect the site and inquire about the situation, there is a violation of relevant laws and regulations, etc., they will immediately file a case, and after on-site inspection, investigation and evidence collection, if a crime is constituted, they will be transferred to the judicial authorities for investigation, which is the procedure. Illegal practice of medicine is a criminal offense and the person concerned should choose to report it to the police.
Legal basis: Article 336 of the Criminal Law of the People's Republic of China: Where a person who has not obtained a doctor's license illegally practices medicine, and the circumstances are serious, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the patient's physical health is seriously harmed, the attendant shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; 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.
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Legal analysis: if the circumstances of illegal medical practice are relatively minor and do not constitute a crime, the health and family planning administrative department shall be punished. If the circumstances are serious and constitute a crime, the public security organs shall file and investigate, the people's procuratorate shall initiate a public prosecution, and the people's court shall make a judgment and give criminal punishment after trial.
Legal basis: Article 336 of the Criminal Law of the People's Republic of China: Where a person who has not obtained a doctor's license illegally practices medicine, and the circumstances are serious, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; 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.
Article 77 of the Detailed Rules for the Implementation of the Regulations on the Administration of Medical Institutions shall order those who practice without obtaining the "Medical Institution Practice License" to stop their practice activities, confiscate their illegal gains, drugs and equipment, and impose a fine of not more than 3,000 yuan; In any of the following circumstances, they shall be ordered to stop their practice activities, have their illegal gains, drugs and equipment confiscated, and be fined between 3,000 and 10,000 RMB:
A) for unauthorized practice has been punished by the health and family planning administrative departments;
2) The person who practices without authorization is a non-health technical professional;
3) Practicing without authorization for more than three months;
4) causing harm to the patient;
5) Using counterfeit or inferior drugs to deceive patients;
6) Defrauding patients of money or goods in the name of practicing medicine;
VII) provinces, autonomous regions and municipalities directly under the Central Government health and family planning administrative departments provided for other circumstances.
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Legal analysis: If you find that you are practicing medicine illegally or without a license, you can directly file a complaint and report to the local medical institution supervision and management office.
Legal basis: Article 69 of the Detailed Rules for the Implementation of the Regulations on the Administration of Medical Institutions The responsibilities of the supervision and management offices of medical institutions at all levels are as follows:
A) the destruction of the mausoleum to develop a work plan for the supervision and management of medical institutions;
2) Handle the review, issuance and renewal of certificates by medical institution supervisors;
Appendix III) is responsible for the registration of medical institutions, verification and statistics related to supervision and management, and report to the health and family planning administrative departments at the same level;
4) Responsible for receiving and handling complaints from the public against medical institutions;
E) to complete the health and family planning administrative departments assigned to other supervision and management work.
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