The medical net on September 14th news of great event! Shanghai will offer a "combination of boxing", which will take a big hit to the medical enterprises, medical institutions and doctors, as well as the ban on drug kickbacks and business rules.
On September 13, the Shanghai municipal commission of health and family planning issued three new documents, all related to anti-corruption, all of which will be effective from this month and will be valid for five years.
The three documents are:
1. The regulations on the management of commercial bribery in the area of Shanghai pharmaceutical purchase and marketing have clarified the penalties for bribery and bribery of medical institutions and doctors. Effective September 15, 2017.
2. The regulations governing the use of information system for drug use in Shanghai are stipulated in the regulations. The main contents are "anti-unification" of drugs and consumables. Effective September 25, 2017.
3. The regulations on the management of pharmaceutical production and management in Shanghai medical and health institutions, and the provisions on how to enter hospitals, medical institutions and doctors. Effective September 15, 2017.
Plus Shanghai in August 6 departments jointly issued "on strengthening the systematic construction of pharmaceutical product rebate management", and Shanghai food and drug administration is to ask for some advice of the trial measures for management of medical representative registered in Shanghai (draft) ", in recent period of time, the Shanghai pharmaceutical sales anti-corruption rules have now several, covers all aspects of link, the involved departments also is not only a health plan, and drug safety, hair change, social, health care, finance, etc.
Further, with some provinces of periodic rectification movement is given priority to, has been done in Shanghai is a long-term system construction, the new file will in the next five years, be worn on all YaoXie enterprise, YaoXie representative, medical institutions and doctors', once has violated the rules file, will be based on file content be disciplinary action.
Drugs, consumables, equipment companies and sales representatives, and those who want to sell their products to public health facilities in Shanghai, eat them all.
As the first of all provinces and cities, Shanghai's new rules are likely to be followed by other provinces.
Since the contents of the three documents (newly released on September 13) are longer, cypress blue instruments are not listed in full, and some of the essential contents are arranged as follows:
1. The pharmaceutical enterprise bribed the blacklist and kicked out the procurement
Pharmaceutical enterprises and their agents pay bribes to be included in commercial bribery records and shall be given restrictions on procurement.
To one listed in the Shanghai commercial bribery bad record, 2 times within five years and above listed in the state development planning commission released of other provinces record of commercial bribery, 2 years products are not allowed to enter the Shanghai medical and health institutions.
For the first time, the business bribery in other provinces and cities shall be included in the following two years.
In addition, medical institutions should clean contract with YaoXie companies and agents, listed companies designated medical representative name, may not be the implementation of commercial bribery, such as enterprise commercial bribery was placed on the record will terminate the purchase and sale contract and be liable for breach of contract and other similar terms.
2. Doctors' spouses and children can't reap the benefits of enterprise
The illicit benefits that medical institutions and doctors cannot accept include:
Cash, gift CARDS, vouchers, items, etc.
To reimburse the personal expenses of doctors and their spouses, children and other relatives by the pharmaceutical enterprises;
The doctors and their spouses, children and other relatives shall be accepted by the pharmaceutical company for food, tourism and business entertainment venues;
The costs of clinical promotion, billing, prescription, or other commission fees of the drug companies;
Other ACTS of illicit interest that are prohibited by laws and regulations.
Note that the new regulations in Shanghai have made it clear that not only doctors, but also relatives who have a practical impact on doctors, are also not able to reap the benefits of pharmaceutical companies.
3. Doctors take bribes of 5,000 or more bribes and lose their jobs
The doctor shall be punished by administrative punishment for taking bribes personally. Among them, the basic standard of administrative punishment is as follows:
If the bribery value is less than 1,000 yuan, it shall be criticized by the medical and health organization for the criticism of education, the notification of criticism, the cancellation of the appraisal of the year and the qualification of the professional title, etc.; A warning is given to a physician by the department of health.
Taking bribes of 1000-5000 yuan, giving criticism to education, announcing criticism, canceling the appraisal of the year, the qualification of the professional title, the low employment, the suspension of employment, the dismissal of pending employment, etc.; Doctors suspended the practice for six months to one year.
Accepting bribes of more than 5,000 yuan or more, or taking bribes more than two times, or taking the initiative to bribe the person to dismiss them; Doctors revoke the practice certificate.
If the retired rehired person accepts bribes, he shall be dismissed; Doctors should give warning, suspend practice and revoke the practice certificate by taking bribes.
In addition, the doctors who take bribes, the head of the department, the medical institution, the President, the superior authorities will also be implicated. For example, in the same section of the same department in a year of bribery, the director will be transferred.
Note that Shanghai hence make clear a regulation, such as no matter how much money, even if it is not up to the punishment of criminal law, is also to be held accountable, no criminal liability, but there are administrative penalties. Also, take bribes 5000 or more than 2 times to dismiss, revoke the practice certificate, too cruel!
4. The representative of the equipment must be put on record and admitted to the hospital
It is strictly forbidden to carry out business activities of medical institutions without prior filing. The medical representative should show the registration certificate generated by the Shanghai pharmaceutical supervision bureau "Shanghai medical representative registration system", before registering in the medical institution.
A medical institution shall make a clearly marked work card for a registered drug representative, and an armed representative shall wear a uniform work card in the hospital.
In addition, when the hospital receives the representative of the drug, the time, place, and personnel should be fixed and recorded, and at least two people are present at the same time.
5. The hospital needs video to monitor the representative of the drug, and the security guard evicts the offending salesman
The hospital should organize security and functional departments to check regularly every day, and find that the drug weapons represent the illegal promotion and the unification, immediately stop, drive away, and put on the integrity blacklist.
The hospital should install the hd video monitoring equipment in the key area, and the conditions can be used to record the activity track of the medical representative in the hospital.
6. How to punish the doctor for violating the rules?
The doctor received the representative of the medical apparatus without authorization and was first discovered, and the head of the department was interviewed. For the second time, I was informed of the criticism and the talk of the practice, involving the doctor's suspension of the rights for 3-6 months. If the circumstances are serious, the physician shall be suspended and his practice certificate revoked.
7. How to punish a drug representative for illegal promotion or unification?
The representative of the drug weapons enters the key areas of the medical and health organization to promote the sales, the unification party and other violations, and the first discovery of the related enterprises; The second finding was to stop the purchase of products for 3-6 months; For the third discovery, it is listed on the blacklist of purchasing and marketing and notifies the pharmaceutical and pharmaceutical purchasing departments.
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