According to news from the Ministry of Health website, the Ministry of Health recently issued a notice regarding the issuance of the Interim Measures for Investigation and Handling of Violations of Employee Disciplines and Violations in Medical Institutions. The notice proposes to promptly investigate and deal with the violations of disciplines and violations committed by employees of medical institutions. An important responsibility of the executive and medical institutions is also an inevitable requirement for strengthening the management of medical institutions and serious industry discipline.
Notice on Printing and Distributing the Interim Measures for the Investigation and Handling of Violations of Employees in Medical Institutions
People's Republic of China
Guardian Jifa [2011] No.22
Health Bureaus of provinces, autonomous regions and municipalities directly under the Central Government, Health Bureau of the Xinjiang Production and Construction Corps, various departments and agencies directly under the Ministry of Health, and the State Administration of Traditional Chinese Medicine:
In order to strengthen the supervision and management of employees of medical institutions, to strictly discipline the industry, to promote the standardization and proceduralization of the investigation and handling of violations by employees of medical institutions, and in accordance with the rules and regulations governing the discipline of the party and discipline, and the rules and regulations of the health care industry, the Central Commission for Discipline Inspection shall be stationed The Ministry of Discipline Inspection Team and the Supervision Department of the Ministry of Supervision in the Ministry of Health organized and formulated the Interim Measures for the Investigation and Handling of Violations of Employees' Violations in Medical Institutions (hereinafter referred to as the Interim Measures). It is issued to you, please conscientiously implemented.
It is an important responsibility of the health administrative departments and medical institutions at all levels to timely investigate and deal with the violations of disciplines and non-compliance of employees in medical institutions. It is also an inevitable requirement for strengthening the management of medical institutions and rigorous industry discipline. The Interim Measures stipulates the specific procedures and methods for the health administrative departments and medical institutions to investigate and deal with violations of discipline and non-compliance among employees of medical institutions. The health administrative departments and medical institutions at all levels perform duties of investigating and handling cases correctly and promptly, and guarantee the medical and health industry. It is of great significance to implement the regulations and the implementation of relevant internal regulations of various medical institutions, further improve the management level of the medical and health industry, take serious industry disciplines, and further promote the reform of the medical and health system and promote the healthy development of the medical and health services.
Leading cadres of health administrative departments and medical institutions at all levels must fully understand the importance of implementing the Interim Measures, attach great importance to the investigation and handling of cases, and strengthen the organizational leadership and work guidance by combining the implementation of the responsibility system for the improvement of the party's work style and the construction of clean government, and the responsibility system for hygienic and corrective work. We will support the investigation and handling of cases from the perspective of organizations, personnel, and funds, and use them as an important task in advancing the construction of a system for punishing and preventing corruption in the health system. We must do a good job as a major event. The discipline inspection and supervision agencies at all levels of the health system must conscientiously perform their duties, study in depth and strictly implement the Interim Measures, and strengthen the guidance of lower-level health administrative departments and medical institutions in their jurisdictions in the investigation and handling of cases, and effectively ensure the implementation of the Interim Measures.
All localities and units shall promptly report on the opinions and suggestions of the "Interim Measures," and report to the Supervision Bureau of the Discipline Inspection Group of the Ministry of Health of the Central Discipline Inspection Commission.
Central Commission for Discipline Inspection of the Ministry of Health Discipline Inspection Department Ministry of Health Supervision Bureau
December 30, 2011
Interim Measures for the Investigation and Treatment of Violations of Discipline and Violation among Employees in Medical Institutions
Chapter 1 General Provisions
The first is to strengthen the supervision and management of employees of medical institutions, to seriously discipline the industry, to promote the standardization and proceduralization of the investigation and handling of non-compliance issues in medical institutions, and to combine the rules and regulations of party disciplines and medical industry regulations with the actual medical institutions. The formulation of the present Measures.
Article 2 These Measures shall apply to the investigation and handling of violations of disciplines and regulations by practitioners or medical institutions in medical institutions by medical administrative agencies. Where laws, administrative regulations or party rules and regulations provide for the investigation and treatment of violations of disciplines and violations by practitioners of medical institutions, such provisions shall prevail.
Article 3 The violation of regulations and violations of the employees of medical institutions referred to in these Measures (hereinafter referred to as violations of discipline and non-compliance) refers to the violation of the rules and disciplines of disciplines, disciplines, and medical and health industries, as well as the relevant systems within the organization, by practitioners of all types of medical institutions at all levels. The prescribed problem.
Article 4 Investigation and handling of violations of disciplines and non-compliance must adhere to the principle of seeking truth from facts, clear facts, conclusive evidence, accurate accuracy, proper handling, legal procedures, and complete procedures.
Article 5 The investigation and handling of violations of disciplines and non-compliances shall uphold the principle of equality before the discipline and practice the combination of education and punishment.
Chapter II Jurisdiction
Article 6 The investigation and treatment of violations of disciplines and non-compliance shall adopt a system of work involving classification and responsibility.
Article 7: The violation of rules and regulations by members of the leading bodies of public medical institutions and Other personnel appointed by the superior authorities shall be investigated and handled by their appointing and dismissing authority in accordance with relevant regulations in accordance with the administrative authority for cadres.
Article 8 The violation of laws and regulations by medical, pharmaceutical, nursing, and technical personnel of public medical institutions and other general administrative, logistics, and administrative personnel other than those provided for in Article 7 shall be investigated and dealt with by medical institutions in accordance with the procedures stipulated in these Measures.
Article 9 The health administrative department at a higher level shall strengthen the guidance on the investigation and handling of violations of disciplines and violations by subordinate health administrative departments and medical institutions in the area under its jurisdiction, and shall be a major and typical violation of discipline and violations under the jurisdiction of the subordinate health administrative department or the medical institution within its jurisdiction, if necessary. The health administration can directly organize investigations.
Chapter III Acceptance
Article 10 The administrative departments of health and medical institutions shall determine the specialized agencies or personnel, and shall be specifically responsible for the work of reporting and accepting violations of disciplines and non-compliances of their own units.
Article 11 The administrative departments of health and medical institutions shall announce to the public the time and place of reporting telephones, correspondence addresses, e-mail, and reception of reports, and publicize relevant rules and regulations. Medical institutions shall set up a report box in places where personnel such as outpatient halls are relatively concentrated. To provide the necessary conditions for the masses to report.
Article 12 The administrative departments of health and medical institutions must read the reports of violations of discipline and non-compliance issues one by one, and shall be registered by a specialized agency or personnel. The main contents of the registration should include: the basic conditions of the person being reflected (name, unit, political profile, position), the main issues being reflected, and the basic situation of the person (anonymous, signed or joint name).
If the problem is reflected on the phone or in person, the person answering and receiving shall faithfully record it and register the number according to the provisions of the preceding paragraph.
Article 13 Health administrative departments and medical institutions shall improve and perfect the reporting work system and working mechanism, ensure that reports are received safely, completely, and confidentially, and must not be lost or damaged.
Article 14: Clues for violating laws and regulations found in routine inspections by health administrative departments and medical institutions shall be transferred to the relevant departments or units in accordance with the jurisdiction and shall be handled in accordance with regulations.
Article 15: The clues and materials for the violation of laws and regulations received shall be treated differently as follows:
(1) If it belongs to the jurisdiction of its own unit, it shall be handled by the corresponding functional department of the unit;
(2) If it belongs to the jurisdiction of a higher-level unit, the original report of the report shall be submitted to the competent authority at a higher level for disposal, and the copy shall be retained;
(3) If it belongs to the jurisdiction of a subordinate unit, it shall submit the relevant report clues and materials to the competent authority at the lower level, and if necessary, may request it to report the results within a specified time;
(4) Reports that do not fall within the jurisdiction of the health administrative department and the medical institution should be sent to the relevant units for processing, or they should notify the incoming letter to the relevant units;
(5) Report clues and materials on important violations of discipline and non-compliance to the responsible person of the unit.
Article 16 Health administrative departments and medical institutions shall centralize management and registration of pieces of information on clues and materials concerning violations of rules and regulations that belong to their own units, conduct periodical research, conduct collective investigations, and carry out preliminary examinations one by one. After the preliminary review, the following procedures were taken after the approval of the responsible person of the unit:
(1) If there is no fact that there is no violation of rules or regulations, or if the clues to problems of non-compliance with discipline or discipline are too general and infeasible, if the informant fails to supplement the provision of new clues, the clues shall be closed or temporarily stored. The relevant clues and materials shall be filed for future reference;
(2) Considering that although the person being reflected has a mistake but has a minor violation of the rules and regulations and does not require further investigation, he or she should be criticized and educated, or be instructed to make a review and correct it;
(3) If it is deemed that there are violations of discipline or non-compliance and further investigation is required, an investigation shall be organized in accordance with the relevant provisions of these Measures.
Chapter IV Investigation
Article 17 If the violations of laws and regulations that are accepted by the administrative departments of health and medical institutions require investigation and verification, investigations shall be promptly organized and no delays shall be allowed.
Article 18 The unit responsible for investigation shall organize an investigation team according to the circumstances of the violation of laws and regulations that need to be investigated. The investigation team should generally be led by the disciplinary inspection and supervision agency of the unit. If the problem is complex, the disciplinary inspection and supervision agency may take the lead and related functional departments may participate in the joint investigation team. The joint investigation team may be led by the relevant functional departments according to the nature of the investigation and the division of responsibilities of the internal departments.
When necessary, the relevant experts can be coordinated to participate in the investigation team to participate in investigations involving specific professional issues.
Article 19 The investigation team shall be familiar with the surveyed issues, understand relevant policies and regulations, research and formulate investigation plans, and communicate and coordinate with the unit or department where the respondent is located.
The unit or department of the respondent should actively cooperate with the investigation team.
Article 20 The investigation team shall strictly collect, obtain, and obtain in strict compliance with laws, in accordance with regulations, all kinds of evidence that can prove the violation of the rules and regulations or the violation of discipline and non-compliance by the respondent, and the seriousness of the violation of discipline and non-compliance.
Evidence must be verified and verified before it can be used as a basis for determining the case.
Article 21 There shall be no less than two persons who investigate and collect evidence. When investigating and collecting evidence, you should indicate your identity.
Article 22 The investigation team may, in accordance with the prescribed procedures, take the following measures to investigate and collect evidence. The relevant health administrative departments, medical institutions and their internal departments and personnel must provide evidence according to the facts and must not refuse or obstruct:
(1) inspecting and copying written documents, medical records, account books, bills, prescriptions, meeting records and other documents related to the contents of the investigation;
(2) Requesting the relevant health administrative departments, medical institutions and their internal departments and departments to provide documents, materials and other written materials related to the contents of the investigation and other necessary information;
(3) Conversing with related personnel and asking them to explain the issues involved in the investigation;
(4) to ask the relevant specialized agencies or personnel to make appraisal conclusions on the professional issues involved in the investigation;
(5) Collecting in accordance with regulations all other evidence that can prove the truth of the investigation question.
Article 23 In the investigation process, coordination and cooperation with law enforcement agencies such as public security, prosecution, industry and commerce, disciplinary inspection, and supervision shall be strengthened to form a concerted effort. When it is really necessary to ask the public security, judicial organs, and other law enforcement agencies for assistance, they should go through the relevant regulations.
Article 24 The investigating team shall write the facts found to be in violation of laws and regulations as factual materials of violation of laws and regulations and meet with the respondent. The reasonable opinions on the respondent should be adopted, and if necessary, additional investigations should be conducted. For unreasonable opinions, factual evidence should be written.
The person under investigation shall sign opinions and sign on the facts of violation of rules and regulations, and may also attach written opinions. Anyone who refuses to sign an opinion or sign it shall be noted by the investigators on the facts of violation of rules and regulations.
Article 25 After the investigation is completed, the investigation team shall write an investigation report. The basic contents of the investigation report include: the basic situation of the respondent, the basis for the investigation, the facts and nature of the violation of discipline and non-compliance, the responsibilities of the respondent and the relevant personnel, the attitude of the respondent and the opinions on the factual materials of non-compliance; Handle opinions or suggestions. The questions negated by the investigation should be clearly explained. The hard-to-identify important issues are reflected in a realistic way. The investigation report must be signed by all members of the investigation team.
For violations of disciplines and violations entrusted by the investigation, the investigation report shall be submitted to the higher level commissioned entity in the name of the entrusted unit after being collectively studied by the meeting of the leading unit of the entrusted unit.
Article 26 If during the course of the investigation, violations of rules and regulations are found to be serious, the investigation team shall promptly advise the relevant departments to adopt necessary organizational measures or remedial measures to prevent the problem from expanding.
Article 27 After the investigation of violations of disciplines and non-compliances ends, if the relevant personnel are to be investigated for party discipline, political responsibilities, or to organize treatment, they shall be transferred to the court in accordance with relevant regulations.
Disciplinary inspection and supervision agencies should organize or deploy personnel to form trial teams in addition to those who participate in investigations of violations of discipline and non-compliance, in accordance with relevant regulations including the “Regulations on Handling Cases of Party Disciplinary Inspection Organs†and “Provisional Measures on Supervision of Administrative Cases by Supervision Authoritiesâ€. Trial.
Article 28 The time limit for investigation of violations of discipline and non-compliance is three months, and may be extended by one month if necessary. If the problem is significant or complex, and it cannot be settled within the extension period, the investigation time may be extended after the collective leadership of the unit researches and decides.
Chapter 5 Processing
Article 29: After investigation and investigation of violations of disciplines and non-compliance ends, the leading bodies of the investigation units shall collectively study and distinguish between different situations and deal with the following principles:
(1) If there is a violation of discipline or non-compliance, and party discipline is required to be imposed, in accordance with relevant regulations, or in accordance with administrative authority, it is recommended that relevant units make decisions on party discipline or administrative sanctions.
(2) If there are violations of discipline and non-compliance, but there is no need to impose party or disciplinary sanctions, the relevant units should be recommended to make proper handling in accordance with Article 31 of these regulations.
(3) if it is deemed necessary to be dealt with by other organs, it shall be transferred to the relevant authorities for handling;
(4) If there is no fact of non-compliance with discipline or discipline, it shall explain the situation to the unit to which it is reflected, and if necessary, take appropriate measures to explain the situation to the respondent or clarify it within a certain range.
Article 30 For practitioners who have problems with violations of disciplines and disciplines, if they need to be disciplined by the Party, they shall be given warnings, serious warnings, revocations of their duties in the Party, inspections of the Communist Party, and disciplinary actions to expel the Party in accordance with the Regulations of the Communist Party of China on Disciplinary Sanctions. .
For practitioners who have violated discipline and non-compliance issues, they must be given administrative sanctions. They should be given administrative sanctions such as warnings, demerits, demerits, demotions, dismissals, and dismissals in accordance with the relevant provisions of the "Administrative Authority Civil Servants Disciplinary Ordinance".
Article 31 If the practitioners who violate the rules and regulations do not need to be disciplined by the party or the government, or have been disciplined by the party and the government, if they need to be organized at the same time, they shall be given the following treatment in accordance with relevant regulations:
(1) Criticize education, publicize criticism, cancel the qualifications for appraisal or participate in the qualifications of relevant academic committees;
(2) Deducting performance pay and non-payment of salary;
(3) Suspension, suspension, removal from employment, and termination of employment contracts;
(4) Transferring from the work position, adjusting his position, ordering his resignation, or removing his position;
(five) warn, suspend practice activities, revoke the practice certificate.
The above methods can be used alone or in combination.
Article 32 Where a medical organization’s employees are subjected to Party discipline, administrative sanctions, or criminal prosecution by the judicial authorities, or they are exempt from punishment or exempted from criminal responsibility, their medical institution shall, in accordance with relevant regulations, give them the thirty-first rule of the present Measures. The corresponding treatment is listed.
Article 33 In the case of violations of discipline and non-compliance by employees of medical institutions, the treatment categories listed in items (1) to (4) of Article 31 of the present Measures shall be followed by the personnel department or relevant unit of the relevant organization in accordance with the management authority. Where relevant procedures are required to be dealt with; the kind of treatment listed in item (5) of Article 31 of these Measures shall be given, and the relevant health administrative department shall handle it according to law.
Article 34 The relevant department or unit shall promptly execute the results of the processing, and promptly provide written feedback to the investigating department or unit on violation of laws and regulations.
Article 35 Health administrative departments and medical institutions shall pay attention to exerting a permanent cure for handling cases, use typical cases to carry out warning education, improve the rules and regulations based on the reasons for the case, and if necessary, carry out special treatment according to the existing problems.
Article 36 If a medical institution employee is dissatisfied with the disposition or disposition, he may, after receiving the disposition and handling the notification, apply for a review or make a complaint in accordance with relevant regulations.
During the review and appeal period, the execution of the disposition or treatment is not stopped.
Chapter 6 Discipline
Article 37 Investigators shall strictly observe the following disciplines:
(1) It is forbidden to use methods that violate the laws and regulations or party disciplines for the respondent or related personnel;
(2) It is forbidden to inform informants and witnesses of the informee and irrelevant personnel, and it is forbidden to hand over the report materials and certification materials to the informee and their relatives and friends;
(3) It is forbidden to disclose the investigation measures to be taken and all other circumstances related to the investigation, and it is forbidden to spread evidence materials;
(4) No evidence of falsification, tampering, concealment, destruction or deliberate exaggeration or reduction of problems;
(5) It is forbidden to accept the property and other interests of the persons involved in the surveyed issues;
(6) In the investigation, if members of the investigation team have different opinions, they may retain it but shall not disclose it to the public.
Article 38 If an investigator has one of the following circumstances, he or she shall avoid the investigator himself, and the investigator, informer, and other relevant personnel also have the right to request withdrawal:
(a) is a close relative of the respondent;
(2) Reporters and main witnesses who want to investigate the problem;
(3) I or a close relative has an interest in investigating the problem;
(4) Having other relationships with the issues to be investigated, which may affect the impartial investigation.
The avoidance of investigators is determined by the responsible person in charge of the investigation.
Before deciding on the evasion of investigators, the investigators did not stop participating in the investigation team.
Article 39 Where the respondent or any other relevant person commits one of the following acts, he may, depending on the seriousness of the circumstances, give criticism, education, notification, suggestion of suspended inspection, or corresponding treatment. If any damage or crime is caused, it shall be transferred to the judicial authority for disposal.
(1) Obstructing or resisting investigators' exercise of their functions and powers according to law;
(2) Refusing to provide relevant documents, materials and supporting materials;
(3) concealing facts, concealing and destroying evidence, and issuing perjury or false evidence;
(4) Covering violations of discipline and rules;
(5) Retaliation against whistleblowers or investigators.
Chapter VII Supplementary Provisions
Article 40 The Measures shall be interpreted by the Central Discipline Inspection Commission in the Discipline Inspection Team of the Ministry of Health and the Supervision Department of the Ministry of Supervision in the Ministry of Health.
Article 41 The investigation and handling of violations of disciplines and disciplines by employees of other medical and health units shall be implemented with reference to these Measures.
Article 42 These Measures shall come into force as of the date of promulgation.
Notice on Printing and Distributing the Interim Measures for the Investigation and Handling of Violations of Employees in Medical Institutions
People's Republic of China
Guardian Jifa [2011] No.22
Health Bureaus of provinces, autonomous regions and municipalities directly under the Central Government, Health Bureau of the Xinjiang Production and Construction Corps, various departments and agencies directly under the Ministry of Health, and the State Administration of Traditional Chinese Medicine:
In order to strengthen the supervision and management of employees of medical institutions, to strictly discipline the industry, to promote the standardization and proceduralization of the investigation and handling of violations by employees of medical institutions, and in accordance with the rules and regulations governing the discipline of the party and discipline, and the rules and regulations of the health care industry, the Central Commission for Discipline Inspection shall be stationed The Ministry of Discipline Inspection Team and the Supervision Department of the Ministry of Supervision in the Ministry of Health organized and formulated the Interim Measures for the Investigation and Handling of Violations of Employees' Violations in Medical Institutions (hereinafter referred to as the Interim Measures). It is issued to you, please conscientiously implemented.
It is an important responsibility of the health administrative departments and medical institutions at all levels to timely investigate and deal with the violations of disciplines and non-compliance of employees in medical institutions. It is also an inevitable requirement for strengthening the management of medical institutions and rigorous industry discipline. The Interim Measures stipulates the specific procedures and methods for the health administrative departments and medical institutions to investigate and deal with violations of discipline and non-compliance among employees of medical institutions. The health administrative departments and medical institutions at all levels perform duties of investigating and handling cases correctly and promptly, and guarantee the medical and health industry. It is of great significance to implement the regulations and the implementation of relevant internal regulations of various medical institutions, further improve the management level of the medical and health industry, take serious industry disciplines, and further promote the reform of the medical and health system and promote the healthy development of the medical and health services.
Leading cadres of health administrative departments and medical institutions at all levels must fully understand the importance of implementing the Interim Measures, attach great importance to the investigation and handling of cases, and strengthen the organizational leadership and work guidance by combining the implementation of the responsibility system for the improvement of the party's work style and the construction of clean government, and the responsibility system for hygienic and corrective work. We will support the investigation and handling of cases from the perspective of organizations, personnel, and funds, and use them as an important task in advancing the construction of a system for punishing and preventing corruption in the health system. We must do a good job as a major event. The discipline inspection and supervision agencies at all levels of the health system must conscientiously perform their duties, study in depth and strictly implement the Interim Measures, and strengthen the guidance of lower-level health administrative departments and medical institutions in their jurisdictions in the investigation and handling of cases, and effectively ensure the implementation of the Interim Measures.
All localities and units shall promptly report on the opinions and suggestions of the "Interim Measures," and report to the Supervision Bureau of the Discipline Inspection Group of the Ministry of Health of the Central Discipline Inspection Commission.
Central Commission for Discipline Inspection of the Ministry of Health Discipline Inspection Department Ministry of Health Supervision Bureau
December 30, 2011
Interim Measures for the Investigation and Treatment of Violations of Discipline and Violation among Employees in Medical Institutions
Chapter 1 General Provisions
The first is to strengthen the supervision and management of employees of medical institutions, to seriously discipline the industry, to promote the standardization and proceduralization of the investigation and handling of non-compliance issues in medical institutions, and to combine the rules and regulations of party disciplines and medical industry regulations with the actual medical institutions. The formulation of the present Measures.
Article 2 These Measures shall apply to the investigation and handling of violations of disciplines and regulations by practitioners or medical institutions in medical institutions by medical administrative agencies. Where laws, administrative regulations or party rules and regulations provide for the investigation and treatment of violations of disciplines and violations by practitioners of medical institutions, such provisions shall prevail.
Article 3 The violation of regulations and violations of the employees of medical institutions referred to in these Measures (hereinafter referred to as violations of discipline and non-compliance) refers to the violation of the rules and disciplines of disciplines, disciplines, and medical and health industries, as well as the relevant systems within the organization, by practitioners of all types of medical institutions at all levels. The prescribed problem.
Article 4 Investigation and handling of violations of disciplines and non-compliance must adhere to the principle of seeking truth from facts, clear facts, conclusive evidence, accurate accuracy, proper handling, legal procedures, and complete procedures.
Article 5 The investigation and handling of violations of disciplines and non-compliances shall uphold the principle of equality before the discipline and practice the combination of education and punishment.
Chapter II Jurisdiction
Article 6 The investigation and treatment of violations of disciplines and non-compliance shall adopt a system of work involving classification and responsibility.
Article 7: The violation of rules and regulations by members of the leading bodies of public medical institutions and Other personnel appointed by the superior authorities shall be investigated and handled by their appointing and dismissing authority in accordance with relevant regulations in accordance with the administrative authority for cadres.
Article 8 The violation of laws and regulations by medical, pharmaceutical, nursing, and technical personnel of public medical institutions and other general administrative, logistics, and administrative personnel other than those provided for in Article 7 shall be investigated and dealt with by medical institutions in accordance with the procedures stipulated in these Measures.
Article 9 The health administrative department at a higher level shall strengthen the guidance on the investigation and handling of violations of disciplines and violations by subordinate health administrative departments and medical institutions in the area under its jurisdiction, and shall be a major and typical violation of discipline and violations under the jurisdiction of the subordinate health administrative department or the medical institution within its jurisdiction, if necessary. The health administration can directly organize investigations.
Chapter III Acceptance
Article 10 The administrative departments of health and medical institutions shall determine the specialized agencies or personnel, and shall be specifically responsible for the work of reporting and accepting violations of disciplines and non-compliances of their own units.
Article 11 The administrative departments of health and medical institutions shall announce to the public the time and place of reporting telephones, correspondence addresses, e-mail, and reception of reports, and publicize relevant rules and regulations. Medical institutions shall set up a report box in places where personnel such as outpatient halls are relatively concentrated. To provide the necessary conditions for the masses to report.
Article 12 The administrative departments of health and medical institutions must read the reports of violations of discipline and non-compliance issues one by one, and shall be registered by a specialized agency or personnel. The main contents of the registration should include: the basic conditions of the person being reflected (name, unit, political profile, position), the main issues being reflected, and the basic situation of the person (anonymous, signed or joint name).
If the problem is reflected on the phone or in person, the person answering and receiving shall faithfully record it and register the number according to the provisions of the preceding paragraph.
Article 13 Health administrative departments and medical institutions shall improve and perfect the reporting work system and working mechanism, ensure that reports are received safely, completely, and confidentially, and must not be lost or damaged.
Article 14: Clues for violating laws and regulations found in routine inspections by health administrative departments and medical institutions shall be transferred to the relevant departments or units in accordance with the jurisdiction and shall be handled in accordance with regulations.
Article 15: The clues and materials for the violation of laws and regulations received shall be treated differently as follows:
(1) If it belongs to the jurisdiction of its own unit, it shall be handled by the corresponding functional department of the unit;
(2) If it belongs to the jurisdiction of a higher-level unit, the original report of the report shall be submitted to the competent authority at a higher level for disposal, and the copy shall be retained;
(3) If it belongs to the jurisdiction of a subordinate unit, it shall submit the relevant report clues and materials to the competent authority at the lower level, and if necessary, may request it to report the results within a specified time;
(4) Reports that do not fall within the jurisdiction of the health administrative department and the medical institution should be sent to the relevant units for processing, or they should notify the incoming letter to the relevant units;
(5) Report clues and materials on important violations of discipline and non-compliance to the responsible person of the unit.
Article 16 Health administrative departments and medical institutions shall centralize management and registration of pieces of information on clues and materials concerning violations of rules and regulations that belong to their own units, conduct periodical research, conduct collective investigations, and carry out preliminary examinations one by one. After the preliminary review, the following procedures were taken after the approval of the responsible person of the unit:
(1) If there is no fact that there is no violation of rules or regulations, or if the clues to problems of non-compliance with discipline or discipline are too general and infeasible, if the informant fails to supplement the provision of new clues, the clues shall be closed or temporarily stored. The relevant clues and materials shall be filed for future reference;
(2) Considering that although the person being reflected has a mistake but has a minor violation of the rules and regulations and does not require further investigation, he or she should be criticized and educated, or be instructed to make a review and correct it;
(3) If it is deemed that there are violations of discipline or non-compliance and further investigation is required, an investigation shall be organized in accordance with the relevant provisions of these Measures.
Chapter IV Investigation
Article 17 If the violations of laws and regulations that are accepted by the administrative departments of health and medical institutions require investigation and verification, investigations shall be promptly organized and no delays shall be allowed.
Article 18 The unit responsible for investigation shall organize an investigation team according to the circumstances of the violation of laws and regulations that need to be investigated. The investigation team should generally be led by the disciplinary inspection and supervision agency of the unit. If the problem is complex, the disciplinary inspection and supervision agency may take the lead and related functional departments may participate in the joint investigation team. The joint investigation team may be led by the relevant functional departments according to the nature of the investigation and the division of responsibilities of the internal departments.
When necessary, the relevant experts can be coordinated to participate in the investigation team to participate in investigations involving specific professional issues.
Article 19 The investigation team shall be familiar with the surveyed issues, understand relevant policies and regulations, research and formulate investigation plans, and communicate and coordinate with the unit or department where the respondent is located.
The unit or department of the respondent should actively cooperate with the investigation team.
Article 20 The investigation team shall strictly collect, obtain, and obtain in strict compliance with laws, in accordance with regulations, all kinds of evidence that can prove the violation of the rules and regulations or the violation of discipline and non-compliance by the respondent, and the seriousness of the violation of discipline and non-compliance.
Evidence must be verified and verified before it can be used as a basis for determining the case.
Article 21 There shall be no less than two persons who investigate and collect evidence. When investigating and collecting evidence, you should indicate your identity.
Article 22 The investigation team may, in accordance with the prescribed procedures, take the following measures to investigate and collect evidence. The relevant health administrative departments, medical institutions and their internal departments and personnel must provide evidence according to the facts and must not refuse or obstruct:
(1) inspecting and copying written documents, medical records, account books, bills, prescriptions, meeting records and other documents related to the contents of the investigation;
(2) Requesting the relevant health administrative departments, medical institutions and their internal departments and departments to provide documents, materials and other written materials related to the contents of the investigation and other necessary information;
(3) Conversing with related personnel and asking them to explain the issues involved in the investigation;
(4) to ask the relevant specialized agencies or personnel to make appraisal conclusions on the professional issues involved in the investigation;
(5) Collecting in accordance with regulations all other evidence that can prove the truth of the investigation question.
Article 23 In the investigation process, coordination and cooperation with law enforcement agencies such as public security, prosecution, industry and commerce, disciplinary inspection, and supervision shall be strengthened to form a concerted effort. When it is really necessary to ask the public security, judicial organs, and other law enforcement agencies for assistance, they should go through the relevant regulations.
Article 24 The investigating team shall write the facts found to be in violation of laws and regulations as factual materials of violation of laws and regulations and meet with the respondent. The reasonable opinions on the respondent should be adopted, and if necessary, additional investigations should be conducted. For unreasonable opinions, factual evidence should be written.
The person under investigation shall sign opinions and sign on the facts of violation of rules and regulations, and may also attach written opinions. Anyone who refuses to sign an opinion or sign it shall be noted by the investigators on the facts of violation of rules and regulations.
Article 25 After the investigation is completed, the investigation team shall write an investigation report. The basic contents of the investigation report include: the basic situation of the respondent, the basis for the investigation, the facts and nature of the violation of discipline and non-compliance, the responsibilities of the respondent and the relevant personnel, the attitude of the respondent and the opinions on the factual materials of non-compliance; Handle opinions or suggestions. The questions negated by the investigation should be clearly explained. The hard-to-identify important issues are reflected in a realistic way. The investigation report must be signed by all members of the investigation team.
For violations of disciplines and violations entrusted by the investigation, the investigation report shall be submitted to the higher level commissioned entity in the name of the entrusted unit after being collectively studied by the meeting of the leading unit of the entrusted unit.
Article 26 If during the course of the investigation, violations of rules and regulations are found to be serious, the investigation team shall promptly advise the relevant departments to adopt necessary organizational measures or remedial measures to prevent the problem from expanding.
Article 27 After the investigation of violations of disciplines and non-compliances ends, if the relevant personnel are to be investigated for party discipline, political responsibilities, or to organize treatment, they shall be transferred to the court in accordance with relevant regulations.
Disciplinary inspection and supervision agencies should organize or deploy personnel to form trial teams in addition to those who participate in investigations of violations of discipline and non-compliance, in accordance with relevant regulations including the “Regulations on Handling Cases of Party Disciplinary Inspection Organs†and “Provisional Measures on Supervision of Administrative Cases by Supervision Authoritiesâ€. Trial.
Article 28 The time limit for investigation of violations of discipline and non-compliance is three months, and may be extended by one month if necessary. If the problem is significant or complex, and it cannot be settled within the extension period, the investigation time may be extended after the collective leadership of the unit researches and decides.
Chapter 5 Processing
Article 29: After investigation and investigation of violations of disciplines and non-compliance ends, the leading bodies of the investigation units shall collectively study and distinguish between different situations and deal with the following principles:
(1) If there is a violation of discipline or non-compliance, and party discipline is required to be imposed, in accordance with relevant regulations, or in accordance with administrative authority, it is recommended that relevant units make decisions on party discipline or administrative sanctions.
(2) If there are violations of discipline and non-compliance, but there is no need to impose party or disciplinary sanctions, the relevant units should be recommended to make proper handling in accordance with Article 31 of these regulations.
(3) if it is deemed necessary to be dealt with by other organs, it shall be transferred to the relevant authorities for handling;
(4) If there is no fact of non-compliance with discipline or discipline, it shall explain the situation to the unit to which it is reflected, and if necessary, take appropriate measures to explain the situation to the respondent or clarify it within a certain range.
Article 30 For practitioners who have problems with violations of disciplines and disciplines, if they need to be disciplined by the Party, they shall be given warnings, serious warnings, revocations of their duties in the Party, inspections of the Communist Party, and disciplinary actions to expel the Party in accordance with the Regulations of the Communist Party of China on Disciplinary Sanctions. .
For practitioners who have violated discipline and non-compliance issues, they must be given administrative sanctions. They should be given administrative sanctions such as warnings, demerits, demerits, demotions, dismissals, and dismissals in accordance with the relevant provisions of the "Administrative Authority Civil Servants Disciplinary Ordinance".
Article 31 If the practitioners who violate the rules and regulations do not need to be disciplined by the party or the government, or have been disciplined by the party and the government, if they need to be organized at the same time, they shall be given the following treatment in accordance with relevant regulations:
(1) Criticize education, publicize criticism, cancel the qualifications for appraisal or participate in the qualifications of relevant academic committees;
(2) Deducting performance pay and non-payment of salary;
(3) Suspension, suspension, removal from employment, and termination of employment contracts;
(4) Transferring from the work position, adjusting his position, ordering his resignation, or removing his position;
(five) warn, suspend practice activities, revoke the practice certificate.
The above methods can be used alone or in combination.
Article 32 Where a medical organization’s employees are subjected to Party discipline, administrative sanctions, or criminal prosecution by the judicial authorities, or they are exempt from punishment or exempted from criminal responsibility, their medical institution shall, in accordance with relevant regulations, give them the thirty-first rule of the present Measures. The corresponding treatment is listed.
Article 33 In the case of violations of discipline and non-compliance by employees of medical institutions, the treatment categories listed in items (1) to (4) of Article 31 of the present Measures shall be followed by the personnel department or relevant unit of the relevant organization in accordance with the management authority. Where relevant procedures are required to be dealt with; the kind of treatment listed in item (5) of Article 31 of these Measures shall be given, and the relevant health administrative department shall handle it according to law.
Article 34 The relevant department or unit shall promptly execute the results of the processing, and promptly provide written feedback to the investigating department or unit on violation of laws and regulations.
Article 35 Health administrative departments and medical institutions shall pay attention to exerting a permanent cure for handling cases, use typical cases to carry out warning education, improve the rules and regulations based on the reasons for the case, and if necessary, carry out special treatment according to the existing problems.
Article 36 If a medical institution employee is dissatisfied with the disposition or disposition, he may, after receiving the disposition and handling the notification, apply for a review or make a complaint in accordance with relevant regulations.
During the review and appeal period, the execution of the disposition or treatment is not stopped.
Chapter 6 Discipline
Article 37 Investigators shall strictly observe the following disciplines:
(1) It is forbidden to use methods that violate the laws and regulations or party disciplines for the respondent or related personnel;
(2) It is forbidden to inform informants and witnesses of the informee and irrelevant personnel, and it is forbidden to hand over the report materials and certification materials to the informee and their relatives and friends;
(3) It is forbidden to disclose the investigation measures to be taken and all other circumstances related to the investigation, and it is forbidden to spread evidence materials;
(4) No evidence of falsification, tampering, concealment, destruction or deliberate exaggeration or reduction of problems;
(5) It is forbidden to accept the property and other interests of the persons involved in the surveyed issues;
(6) In the investigation, if members of the investigation team have different opinions, they may retain it but shall not disclose it to the public.
Article 38 If an investigator has one of the following circumstances, he or she shall avoid the investigator himself, and the investigator, informer, and other relevant personnel also have the right to request withdrawal:
(a) is a close relative of the respondent;
(2) Reporters and main witnesses who want to investigate the problem;
(3) I or a close relative has an interest in investigating the problem;
(4) Having other relationships with the issues to be investigated, which may affect the impartial investigation.
The avoidance of investigators is determined by the responsible person in charge of the investigation.
Before deciding on the evasion of investigators, the investigators did not stop participating in the investigation team.
Article 39 Where the respondent or any other relevant person commits one of the following acts, he may, depending on the seriousness of the circumstances, give criticism, education, notification, suggestion of suspended inspection, or corresponding treatment. If any damage or crime is caused, it shall be transferred to the judicial authority for disposal.
(1) Obstructing or resisting investigators' exercise of their functions and powers according to law;
(2) Refusing to provide relevant documents, materials and supporting materials;
(3) concealing facts, concealing and destroying evidence, and issuing perjury or false evidence;
(4) Covering violations of discipline and rules;
(5) Retaliation against whistleblowers or investigators.
Chapter VII Supplementary Provisions
Article 40 The Measures shall be interpreted by the Central Discipline Inspection Commission in the Discipline Inspection Team of the Ministry of Health and the Supervision Department of the Ministry of Supervision in the Ministry of Health.
Article 41 The investigation and handling of violations of disciplines and disciplines by employees of other medical and health units shall be implemented with reference to these Measures.
Article 42 These Measures shall come into force as of the date of promulgation.
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