An orthopedic hospital in Luzhou, Sichuan, cooperated with a community to provide free medical treatment for residents.
On the day of the free clinic, the hospital sent two doctors to the community with the necessary medical equipment and promotional materials.
Two doctors have a clear division of labor, one of them measures blood pressure and blood oxygen saturation for residents, and conducts health consultations.
Another doctor used the hospital's special Chinese medicine gauze to provide treatment for residents with pain, and used the Chinese medicine directional dialysis treatment device to provide free physiotherapy services. At the same time, a brochure on the hospital was distributed to residents to raise public awareness of the hospital.
During the free clinic activity, law enforcement officers from the local health bureau suddenly arrived at the scene. Doctors are required to present a certificate of free consultation filed with the District Health Bureau. The doctor cannot provide it.
The Health Bureau seized the drugs and medical devices at the scene on suspicion of illegal medical practice, and decided to launch a further investigation against the hospital and the doctors involved. In addition, it is proposed to confiscate drugs and medical devices and impose a fine of 110,000 yuan on the hospital.
In the face of the punishment decision of the Health Bureau, the hospital said that it was difficult to accept it, insisting that there was no illegal practice of medicine. Even though there was negligence in approving the free clinic in advance, the hospital provided professional medical knowledge to those in need, considering that the intention of the hospital was kind and beneficial.
After hearing the hospital's defense, the local health bureau organized a hearing in accordance with the law. It was decided to reduce the amount of the fine to 50,000 yuan.
But the hospital still couldn't accept it and sued the Health Bureau to the People's Court of Longmatan District, Luzhou City.
The court held that medical institutions can only practice in the places approved and registered in the "Medical Institution Practice License", and the act of changing the practice location to carry out diagnosis and treatment activities without authorization is illegal medical practice. In this case, the hospital carried out free clinic activities across districts without filing, which constituted an illegal act of not having a medical institution's practice license. Although the hospital did not charge a fee during the free consultation, the fine was still applicable in accordance with the law. Throughout the entire law enforcement process, the Health Bureau has lawful procedures, clear facts, credible and sufficient evidence, and correct application of law. Therefore, the court finally rejected all the claims of the hospital and upheld the decision of the Health Bureau to impose penalties on the hospital.
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In other words, cross-district free clinics are useful to society, but they also have side effects on society.
There has been a lot of discussion on the Internet about this punishment and the court's decision. Including some people in the industry, they all shouted grievances, saying that in the future, outside the hospital, they need to save people urgently, which medical staff will dare to come to the rescue?
This is groundless and overthinking.
For this kind of emergency first aid, the mainland has a special legal network, you can look for the "Emergency Avoidance Law" to see, you can find specific provisions, and you will understand.
If you have to fight me, then you're right.
In fact, as early as 2001, the Ministry of Health issued a special "Notice on the Implementation of Record Management for Organizing Free Clinics" for free clinics, stipulating that: in principle, the organization unit of free clinics should organize medical personnel in their own regions to hold free clinics within the scope of the region, and 15 days before carrying out free clinics, they should go to the health administrative department at or above the county level where the free clinics are located for the record; The organization unit shall, 15-30 days before carrying out the free clinic activities, file with the health administrative department of the corresponding county (district), city (prefecture, prefecture) and province (autonomous region, municipality directly under the Central Government) where it is located and where the free clinic is located. In case of violation of the provisions, the health administrative department may, in accordance with the Law on Medical Practitioners, the Regulations on the Administration of Medical Institutions, and other relevant laws and regulations, severely deal with the organizational unit;
Therefore, this time this time the hospital in Luzhou was fined for free consultation, which is based on the law and is not wronged. It is also a vivid lesson in law popularization for all medical institutions.
Looking at this incident, there are two points worth noting.
The first point: the right to lawful harm.
Over the years, the medical industry has suffered a lot.
Let me give you one of the most typical cases.
On March 16, 2023, a child was taken to the Municipal People's Hospital by his parents for treatment of a fracture.
This is an extremely normal standard of diagnosis and treatment, at least it shows that the attending doctor adheres to the bottom line of practice and professional ethics, and strictly controls the indications for hospitalization. However, unexpectedly, the parents of the child complained to the doctor on the grounds of the doctor's inaction.
The local "12345" government hotline platform, after receiving the patient's retaliatory and venting complaint because his own selfish selfish failure to be satisfied, did not investigate or study, and directly requested the complained doctor and the hospital to reply in a timely manner, and asked the hospital to control the so-called "inaction" of the doctor and punish it accordingly, and submit the punishment results to the hotline platform and call the complainant.
You can imagine how broken this doctor's heart is.
The spillover effect caused by this legitimate right to harm will continue to appear, spreading out layer by layer like ripples.
The second point: The verdict stated that the local health administrative law enforcement department that came to impose a fine said that it had received a report from the masses and quickly rushed to the scene to pay the fine.
Excuse me, who is this mass?
Come for free clinics and report it.
People in the medical industry can see through another story behind this incident at a glance.
Think of danger and change.
Even if you want to make money, you have to change your play, you can no longer make money under the table, and you can no longer play cards according to the original routine. Otherwise, they will be severely punished.
In the period when the industry is thriving, peaceful, hello, hello, everyone, some sao operations can be tolerated. Don't you know? Know how you play.
Have you bothered? No. Usually scold a few words, forget it. Once the market deteriorates and everyone's market is not good, they will definitely turn against you.
The water of the Yangtze River is clear, and the water of the Yellow River is turbid. The water is clear and the water is turbid, and they are all used to wash the feet. But sometimes, the position of your industry, the water is clear, and it is not up to you to decide.
The wind rises at the end of the green ping, and the waves become between the waves.
It turns out that there is such a free clinic?
They are all thousand-year-old foxes, and they all understand that there must be.
In the past, how many such free clinics were there?
Definitely more.
Not only has it not been punished, but it has often been positively publicized by some grassroots organizations as a work achievement.
So, why, now it has been reported and unceremoniously hit?
It shows that the medical industry has begun to enter a harsh winter.
Not only private hospitals, but also public hospitals are feeling the chill.
This is what this incident should cause everyone to think about the most.
The article comes from Lao Ye Shuo Medicine, the author Ye Zhengsong