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Everyone has a love for beauty, and medical aesthetics is no longer a new topic. The medical aesthetic market is mixed, and unqualified medical aesthetic institutions have also quietly appeared, bringing health and safety hazards to consumers......
Recently, the Shanghai No. 1 Intermediate People's Court (hereinafter referred to as the Shanghai No. 1 Intermediate People's Court) went to the Songjiang Guangfulin Circuit Trial Site to hear a lawsuit of administrative punishment for illegal medical cosmetology.
In October 2022, a beauty company was administratively punished for practicing without obtaining a medical institution practice license. In November of that year, the District Health Commission received another report that the beauty company was still carrying out medical beauty activities without medical beauty qualifications. After receiving the report, the law enforcement officers of the District Health Commission went to the site involved in the case to investigate and collect evidence. When entering the beauty company, law enforcement officers found that the employee Xiaoli was preparing to operate the laser picosecond medical aesthetic equipment, and a female customer was lying on the operating table, with medical supplies such as anesthetic cream and embroidery antihaetic and swelling cream placed next to her. After searching, Xiaoli's "Physician Qualification Certificate" and "Physician Practice Certificate" were not found, and the company still did not have a "Medical Institution Practice License" and was practicing medicine without a license.
During the investigation, Xiaoli claimed that she had the relevant skills to engage in relevant medical beauty projects, and the law enforcement officers asked her to complete a complete operation on the spot. Facts have proved that Xiaoli only uses simple online learning to do laser and injection projects for consumers. And Xiaoli has a weak sense of law and does not realize that this behavior has been illegal. After investigation and evidence collection, the District Health Commission believed that the beauty company's illegal practice of medicine was true, and punished the beauty institution for violating the law again. Dissatisfied, the beauty company filed a lawsuit with the court to revoke the penalty decision.
Beauty companies think
Laser cosmetology is not a medical act, and you do not know that the beauty act you are engaged in is suspected of violating the law; Even if their own behavior is illegal, the amount of illegal gains is small, and it does not cause greater harmful consequences.
The District Health Commission said
According to the catalogue of hierarchical management of medical cosmetology projects and the relevant facilities and medical supplies found at the scene, the freckle removal behavior carried out by the beauty company is a medical cosmetology act; It was not improper to make a penalty decision against the beauty company in accordance with Article 11 of the Measures for the Discretionary Application of Health Administrative Penalties in Shanghai and the Discretionary Standards for the Implementation of the Basic Medical Care and Health Promotion Law of the People's Republic of China in Shanghai.
The court of first instance rejected the beauty company's claim after hearing. Dissatisfied, the beauty company appealed to the Shanghai No. 1 Intermediate People's Court.
Photo: Yu Ningxin
Considering that both parties are in Songjiang District, in order to create a platform for resolving conflicts and disputes that is convenient and beneficial to the people, the Shanghai No. 1 Intermediate People's Court held a trial of the case at the Songjiang Guangfulin Circuit Trial Point, and the person in charge of the District Health Commission attended the court to participate in the litigation. After the collegial panel ascertains the facts, it guides the two sides to fully debate, and at the same time, in line with the concept of integrating coordination and resolution throughout the entire process of administrative litigation, the collegial panel, with the consent of both parties, organizes communication between the two parties in court, and uses the "three-in-one" mechanism of the responsible person of the administrative organ to appear in court, respond to the lawsuit, and make comments, to promote face-to-face active coordination and communication between the responsible person of the administrative organ and the parties. Through analyzing the pros and cons, explaining the law and reasoning, and patiently guiding, the beauty company recognized the harmfulness of its own behavior, accepted administrative penalties, and promised to fully learn lessons in future business activities and operate in accordance with the law.
Ning Bo, the presiding judge of this case, pointed out that through the method of coordination and resolution, the parties were urged to consciously perform in full within 15 days from the date of receipt of the payment notice, which not only ensured that the beauty company was given a more severe punishment for violating the law again, so that it could fully learn the lesson, but also produced better enforcement effects and reduced administrative costs, so as to better realize the "unity of the three effects".
The illegal medical aesthetics in this case is a typical type of illegal medical practice, which has a great impact on the lives and health of the people. Although everyone has a love for beauty, it is also necessary to be wary of the "beauty trap", and consumers should choose a medical aesthetic institution with formal operation and complete documents when choosing medical aesthetic services, and be responsible for their own health and safety from the source. Medical cosmetology institutions also need to take this as a warning, strengthen industry self-discipline, operate in accordance with laws and regulations, and provide high-quality medical cosmetology services with the experience and safety of those in need of medical cosmetology first. Relevant departments are also continuing to increase their efforts to provide legal protection for the people's lives, health and safety.
Relevant Laws
Paragraph 1 of Article 99 of the Basic Medical Care and Health Promotion Law of the People's Republic of China stipulates that anyone who violates the provisions of this Law by practicing without obtaining a practice license from a medical institution shall be ordered by the competent health department of the people's government at or above the county level to stop practicing activities, confiscate illegal gains, medicines and medical devices, and impose a fine of between five and twenty times the illegal gains, and if the illegal gains are less than 10,000 yuan, it shall be calculated as 10,000 yuan.
Article 23 of the Regulations on the Administration of Medical Institutions stipulates that no unit or individual shall carry out diagnosis and treatment activities without obtaining the Practice License for Medical Institutions or filing for the record.
Article 43 of the "Regulations on the Administration of Medical Institutions" stipulates that anyone who violates the provisions of Article 23 of these Regulations by practicing without obtaining the "Medical Institution Practice License" shall be punished in accordance with the provisions of the "People's Republic of China Basic Medical Care and Health Promotion Law".
In violation of the provisions of Article 23 of these Regulations, if the clinic practices without filing, the administrative department of health of the people's government at or above the county level shall order it to make corrections, confiscate the illegal gains, and impose a fine of not more than 30,000 yuan; and where corrections are refused, order them to stop their practice activities.
According to the Discretionary Criteria for the Implementation of the People's Republic of China Basic Medical and Health Promotion Law in Shanghai, those who have been punished by the health administrative department for practicing without authorization and who have practiced without authorization are non-health technicians are aggravated punishments for practicing without obtaining a medical institution's practice license, and if there are two aggravating circumstances, a fine of between 11 and 13 times the illegal gains shall be imposed.