State Health Office Supervision Letter [2014] No. 1187
The health and family planning committees of all provinces, autonomous regions and municipalities directly under the Central Government, the health bureau of Xinjiang Production and Construction Corps, and the population and family planning committee:
In order to solve the prominent problem of illegal medical practice strongly reflected by the masses, and effectively safeguard the health rights and interests of the people, in combination with the Party's mass line education practice activities, since October 2013, according to the deployment of six departments such as the CPC Central Committee, various regions have carried out a one-year special action to further rectify the medical order and crack down on illegal medical practice (hereinafter referred to as the special action), which has achieved remarkable results. The relevant work is hereby notified as follows:
I. Achievements
（1） The special action has achieved remarkable results.
First, a high-pressure situation has been formed to combat illegal medical practice. During the special action, a total of 44000 unlicensed medical practice cases, 41000 cases of violations of laws and regulations by medical institutions and family planning technical service institutions, 6833 cases of "two non" cases, 966 cases of medical trust fraud, 220 million yuan of fines and confiscations, 165 cases of revocation of practice licenses, 2833 cases of transfer to public security organs, 1256 cases of criminal registration, 1373 criminal detention, and 32 criminal gangs were dealt with, which effectively deterred the lawbreakers, We have effectively rectified the order of the medical market.
The second is to consolidate the working pattern of departmental linkage. The relevant departments at all levels of the military and civilian levels have a clear division of labor and close cooperation in accordance with the unified deployment of the local leading groups. The linkage mechanism between administrative law enforcement and criminal justice has been further improved, and the cooperation between departments has been strengthened.
The third is to strengthen the awareness of safe medical treatment and legal practice. Promptly release the progress of the special action, expose typical cases, carry out the publicity of law popularization and safe medical science popularization, strengthen the industry training, significantly enhance the awareness of self-protection of the masses, significantly increase the initiative to report illegal medical practice, and enhance the awareness of medical institutions and medical personnel to practice according to law.
Fourth, improve the accessibility of people to see a doctor. By carrying out special actions, promoting and improving relevant policies and measures, optimizing the distribution of medical resources, and standardizing the management of medical institutions, the medical service capacity has been improved, and the people's access to medical care has become safer and more convenient.
（2） Highlights of local work.
First, strengthen leadership and pay close attention to work implementation. Shanghai City and Zhejiang Province have taken the fight against illegal medical practice as one of the indicators for the assessment of grass-roots governments, forming a work model led by grass-roots governments, actively coordinated by various departments, and managed by the whole society; Shandong Province included the fight against illegal medical practice in the rectification plan of the Party's mass line education and practice activities of the leading group of the Standing Committee of the Provincial Party Committee, and established a model of "one level, one level, and implementation at all levels"; Guangdong and other provinces have strengthened supervision and investigation of secret visits, reported problems in a timely manner, listed and supervised, and urged the implementation of rectification.
The second is the linkage of departments to form a joint force of supervision. All localities should improve the system of joint meetings of departments, actively carry out joint law enforcement, strengthen the connection of execution and intensify the crackdown. Beijing and other provinces increased the number of members of the special action leading group; Hebei and other provinces jointly issued documents to regulate the transfer of cases; The Shanghai Municipal Health and Family Planning Commission and the public security organs reached a consensus that those who practice medicine illegally again after being criminally punished will be directly transferred to the public security organ; The Ningxia Hui Autonomous Region jointly investigated and dealt with the acts of providing diagnosis and treatment places for illegal medical practitioners.
The third is to develop and innovate and establish a long-term mechanism. Chongqing Municipality issued the Regulations of Chongqing Municipality on the Administration of Medical Institutions; Shanxi and other provinces have established a reward reporting system; Henan and other provinces have established a blacklist system for illegal medical practice; Suzhou, Jiangsu Province, unblocked the information exchange channel between health and public security unlicensed medical practice; Tianjin and other provinces and cities have established a review system to prevent the resurgence of black clinics; Hebei Province has studied and formulated the guidance on the transfer of suspected drug cases found in the fight against illegal medical practice; Jilin and other provinces formulated guidelines for combating illegal medical practice; Guizhou Province has strengthened the construction of comprehensive supervision system and improved its ability of supervision and law enforcement.
Fourth, widely publicize and win the support of the masses. Sichuan and other provinces have combined the publicity of special actions with the "six advances" of law popularization; Heilongjiang and other provinces held thematic publicity month and publicity week activities to create publicity momentum; Tianjin has prepared the Legal Publicity and Education Book on Combating Illegal Medical Practice and the Warning on Preventing Illegal Medical Practice Crime to educate different illegal medical practitioners; Shaanxi Province coordinates the telecommunication operators to send public welfare propaganda messages to mobile phone users free of charge; Hebei Province has a third-party organization to evaluate the public satisfaction of the special action, and effectively know the public opinion.
II. Main problems
（1） Individual regions did not pay enough attention and the work was carried out unevenly.
Some areas only focus on combating the unlicensed practice of medicine in the social sphere, and the investigation and punishment of illegal acts of medical institutions, including public medical institutions, are not in place. The cooperation of some local departments needs to be further strengthened, and the execution linkage mechanism needs to be further improved. The work of some provinces is not meticulous enough, and some important data in the work summary are inaccurate.
（2） The soil of illegal medical practice has not been eliminated, and it is difficult to crack down.
Due to the imperfection of the medical security system and the unbalanced allocation of medical resources, especially the lack of medical resources in some floating population gathering areas in the rural-urban fringe, and the difficulty in reimbursing medical insurance for the new rural cooperative medical system in different places, the migrant workers do not go to the formal medical institutions for medical treatment. At the same time, with the increasing intensity of the crackdown, the forms of illegal medical practice have gradually diversified and become more and more covert, and the crackdown has become more difficult.
（3） Some medical institutions have little awareness of legal system, and violations of laws and regulations occur from time to time.
Some medical institutions pay more attention to business than management, hospital managers and medical staff lack legal knowledge, industry self-discipline is not enough, and violations occur from time to time. Some private medical institutions deliberately violate laws and regulations to seek illegitimate economic benefits are often exposed, and the task of strengthening supervision is very urgent.
（4） The grass-roots supervision and law enforcement force is weak, and it is difficult to meet the actual work needs.
The staffing of the comprehensive supervision and law enforcement agencies at the grass-roots level is seriously insufficient. There are less than 0.3 supervisors per 10000 people in some provinces. The law enforcement equipment and vehicles are lacking. The law enforcement ability and level are not high. The work is not standardized enough to meet the work needs.
III. Requirements for the next step
（1） Always maintain the high pressure strike situation.
All localities should carefully find out the gaps and deficiencies in the special action work, learn from the work experience of other regions, take the severe crackdown on unlicensed medical practice, strengthen the supervision of the whole medical and health industry as one of the key work of health and family planning, strengthen the supervision during and after the event, and strengthen the supervision and punishment of key cases, so as to effectively achieve the investigation and punishment in place, accountability in place, and rectification measures in place. For the dereliction of duty and dereliction of duty existing in the work of the supervision department and personnel, the responsibility shall be seriously investigated according to the regulations.
（2） We will comprehensively strengthen regulatory capacity building.
We will accelerate the improvement of the health and family planning laws, regulations and standards system, strengthen the training of medical institution heads and medical personnel in laws and regulations, and strengthen legal publicity and education and popular science publicity. Give full play to the role of industry associations, associations and social organizations, encourage the industry to carry out the commitment of practicing according to law and honest practice, and strengthen industry self-discipline. Explore the establishment of a "blacklist" system, increase the exposure of unlicensed medical practitioners and medical institutions with serious violations, punish dishonesty, and promote the construction of industry credit system. In the reform of local institutions, we should actively promote the comprehensive law enforcement of health and family planning, strengthen the construction of the supervision system, improve the guarantee conditions and improve the supervision ability.
（3） Continuously improve the comprehensive governance mechanism.
We will further implement the responsibilities of territorial supervision, continue to improve the system of joint meetings of departments, strengthen the joint handling of cases, and do a good job in the transfer and supervision of cases between departments, between the military and the civilian, between administrative law enforcement and the judiciary. We will improve the system and mechanism for encouraging people to complain and report, give full play to the role of the news media, strengthen the reporting and publicity of typical cases, and create a good atmosphere for social supervision.
（4） We will implement a long-term solution through multiple approaches.
Adhere to the principle of combining dredging and blocking and treating both symptoms and symptoms, and eradicate the soil for illegal medical practice from the source. We will solidly promote the deepening of medical reform policies and measures, comprehensively strengthen the construction of basic medical and health service system and capacity, rationally allocate medical resources, and let the public access to basic medical services of higher quality and lower price. Actively promote and standardize the operation of social medical institutions, supervise private medical institutions in accordance with the law, establish an effective mechanism of supervision during and after the event, and promote their healthy development.
General Office of National Health and Family Planning Commission
December 17, 2014
