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| Anhui province: the drug agent for the record, to sign a clean contract! |
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| Author：中國銘鉉 企劃部 Release Time：2017-8-10 9:00:35 Number Browse：597 |
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Medical network - on August 9, August 8, 2017, who in anhui province development planning commission issued notice, open for the anhui province pharmaceutical sales field of commercial bribery record executive opinion (draft) "(hereinafter referred to as the" draft ") the opinions of the suggestion, including medicine generation of real-name registration, clean procurement contract requirements are to be written.
It is noted that there is no obvious difference between the consultation paper in anhui province and the content of the same theme in the previous provinces and cities.
However, the "draft", means that the anhui province will also be within the scope of the province of drugs, medical supplies and medical equipment procurement of commercial bribery in "precision", banned bribing enterprises and personnel in time, could not be involved in the public hospital procurement activities within a time limit.
▍ five kinds of situations, should be included in bribery blacklist
According to the solicitation draft, in 5 cases, pharmaceutical production and operation enterprises and their agents shall be included in the record of commercial bribery.
1. If the court decides that it constitutes a bribery crime, or the crime is minor and does not require a sentence of punishment, the court shall, in accordance with the criminal law, be exempted from criminal punishment;
2. The procuratorial organ shall be deemed to have bribery facts, but the circumstances of the bribery crime are minor and the people's procuratorate shall make no decision on its decision;
3. The inspection and inspection authorities shall take bribes to file a case investigation and shall be deemed to have paid bribes in accordance with the law;
4. Administrative penalties are made by the departments of finance, industry and commerce, price and drug administration for bribery;
Other circumstances stipulated by laws, regulations and regulations.
▍ enterprises into the blacklist, public hospital will be blocked
"Draft" regulation, the one on the poor record of commercial bribery in anhui province pharmaceutical companies and their agents, the public medical institutions or accept financial fund released list of medical institutions in bad record shall not buy any name or in any form within 2 years after its drugs, medical supplies and medical equipment, the original signed purchase and sale contract termination.
Within 2 years, the centralized purchasing agency of the whole province shall not accept the application for centralized procurement or distribution of its production and sales products.
For one listed in the other provinces of commercial bribery record of pharmaceutical companies and their agents, the record list released after 2 years, the enterprise products in anhui province within the scope of medical treatment of points should be done when the centralized purchasing.
2 times for 5 years and above listed in the provincial commercial bribery record of pharmaceutical companies and their agents, in the latest record list released after 2 years, anhui province public medical institution or accept the financial capital of medical institutions shall not purchase its drugs, medical supplies and medical equipment, the original signed purchase and sale contract termination. The provincial pharmaceutical centralized purchasing agency shall not accept the application for centralized procurement or distribution of its production and sales products within 2 years.
Commercial bribery was placed on the record of production and management enterprise legal representative, chairman and general manager is the main responsible of the record, is directly involved in bribery and other personnel directly responsible. Main partners or direct partners take any way to register new drugs, medical supplies, medical equipment trade production and management of the enterprise, including the main investor, investors in a new company, new enterprises, the company should be included in the same bad record, commercial bribery in the processing time, in accordance with the remaining time to continue processing.
If the head office is listed as a commercial bribery record, its legal person's subsidiary shall not bear the corresponding responsibilities with the head office; If a subsidiary of a legal person is listed as a commercial bribery record, the head office shall not jointly undertake the corresponding responsibilities.
▍ hospital centralized purchasing YaoXie products, have to query the blacklist
The draft article also clarifies the medical establishment's obligations to combat commercial bribery.
Medical institutions should be timely to submit the related to this unit by the department of health meter bribery list companies and their agents, when with YaoXie enterprises and their agent sign purchasing contract, must also be honest sales contract at the same time.
In addition, the public medical institutions in anhui province or accept financial fund, medical and health institutions and medical in medicine centralized purchasing, centralized procurement agencies shall check in anhui province and the commercial bribery record information published by the state health development planning commission.
If the head of a medical institution, a pharmaceutical procurer or a doctor, and other enterprises, such as a doctor or a doctor, receive such benefits from the enterprise or its agents, he shall be punished in accordance with the provisions of the law on drug administration, and confiscate the illegal income; Practicing doctors and nurses who have serious violations of the law and having their practice certificates revoked; Whoever commits a crime shall be investigated for punishment according to law. The medical institutions or the competent departments at the higher levels shall, in accordance with the administrative authority and relevant provisions, give disciplinary action to the parties concerned.
"Draft" also puts forward, who project departments at all levels (tube center) shall and judicial organs and supervisory, finance, commerce, industry and commerce, drug safety and other relevant departments to establish communication mechanism, information and notify each other pharmaceutical sales field of commercial bribery case investigation result, timely, accurately grasp the bad behavior of commercial bribery units or its agent information. |
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