From " two neat medicines " See the legal identity of the hospital in final judgement of the case

From " two neat medicines " See the legal identity of the hospital in final judgement of the case
Staff reporter Meng QingPu "' neat two medicine ' Court of Final Appeal say Zhongshan three institute the intersection of medicines and seller, all of us become sell medicine? What is our doctor's technology of making a diagnosis? " A edition report of this newspaper yesterday " Two neat medicines " After pronouncing news in last instance, the readers of much hygiene systems call to express the similar view on the editorial department. Is the hospital a medicines seller on earth? How to think about the judgement of the Court of Final Appeal? The reporter has interviewed the association of provincial hospital of Guangdong and safeguarded the rights and contained department lawyer Zhou JiHua by oneself at this point. Different conclusions must happen according to different laws " I study the 30 page more than -long last instance court verdict carefully. The reason why the Court of Final Appeal judges the hospital is a medicines seller, the key does not lie in according to " law of medicine management ", but according to " law on product quality ". I think this kind of treatment is worth discussing. " Zhou JiHua makes clear the purpose and main theme from the very beginning. " law of medicine management " and " law on product quality " are laws of the same level, and the time to implement after revising of " law of medicine management " is later than " law on product quality ", " superior to the common law, the principle of the law before the back law is superior to, the production, management and using the behavior to be be covered by " law of medicine management " s preferably of medicines according to the special law, but not " law on product quality ". If according to laws and regulations such as " law of medicine management ",etc., the medical organization is not the medicines operator, but the user. First of all, " law of medicine management " is divided into medicines and produced business administration, medicines and dealt in business administration and medicine of the medical organization and managed according to the links of circulating of medicines, clearly indicate legislators have not incorporated the medical organization into medicines to manage enterprises. Secondly, " law of medicine management " has not stipulated the medical organization must obtain " medicines business liscence ", and according to the stipulations of article 15 of " management rule of medical organization ", " operation of medical organization, must register, get " operation licence of medical organization " " . Obviously, legislator develop the activity of making a diagnosis medical organization behavior to offer medicines regarded as the medicines operation. Finally, " law of medicine management " and " implementing regulations " define offering the behavior of medicines in the medical organization as " use medicines " clearly . The 26th regulation of " law of medicine management ", " the medical organization buys medicines, must set up and carry out and purchase and inspect for acceptance the system, identify medicines qualified proving and other identifications; Requirement not in accordance with regulation, can't buy and use " . The 58th regulation, " the medical organization should provide the price list of medicines used for patient " . The 68th provision of " implementing regulations of the law of medicine management ", " the medical organization used false medicine, bad medicine, punish according to the regulation of article 74, article 75 of " law of medicine management " " . The activity purpose is to prevent and cure diseases and continue China to think, the business that the medical organization launches is the activity of making a diagnosis in week that the hospital makes a diagnosis, the direct purpose prevents and cures diseases, its behavior offering medicines should not be regarded as the marketing activity. According to " management rule of medical organization " that the State Council issued, the business that the medical organization launches is the activity of making a diagnosis instead of the marketing activity. The medical organization is that the activity realizes the healthy service provider healing the wounded, rescue the dying, preventing and curing diseases through making a diagnosis. Look from the activity purpose of making a diagnosis, the behavior that the medical organization offers medicines is means to make a diagnosis and have not sold the purpose. Medical organization by means of application technology ' It is mainly medical science and technology) Engaged in the disease diagnosis, public beneficial organization that treat activity with medicines. The medical organization must use medicines in the course of developing the activity of making a diagnosis, finish the activity of making a diagnosis normally if there are not medicines, its purpose to use medicines is for preventing and curing diseases, but not sell medicines. That is to say, it is means to make a diagnosis instead of the purpose that the medical organization uses medicines. This sells medicines and medical organization and uses the essential distinction of medicines in the pharmacy. Zhou JiHua says, it is for selling more goods to sell as much as possible, but the medical organization does not allow to do in this way for example. Article 19 of " prescription management " stipulates clearly, " the prescription generally can't exceed consumption for 7 days; The emergency call prescription generally can't exceed consumption for 3 days; As to some chronic disease, senile disease or special circumstances, prescription consumption can be lengthened appropriately, but doctors should mark out the reason " . In the administrative management practice of the hygiene, regard using medicine the important content of the management, supervisor rationally according to the condition as too about the administrative department. Reduce hospital as soon as possible essence continue China, say, offer medicines have situation of price differential enough to assert medical organization to sell medicines week. Since the establishment of China, the country has been implementing the medical service charge less than cost all the time, and use certain financial subsidy and allowing the price differential between wholesale and retail of medicines as the hospital and offer medical treatment service to compensate. The hospital of proportion to this price differential has no right to adjust, only the government can adjust or cancel in accordance with the rule in accordance with the law. Zhou JiHua thinks, regards the medicines addition of the hospital as the marketing activity, it is the image, it is not a essence definitely. The addition of medicines is an important source which forms the hospital income, are resulted from policy guidance of our country. But can't therefore identity, seller of medicines, in inference, legal status of hospital, the essence of the hospital must be reduced. Zhou JiHua says, " two neat medicines " The judgement of the Court of Final Appeal, has offered the legal precedent for the fact that the hospital belonged to the dispute of the medicines seller all the time. The consequence which may initiate in judgement also needs further observing. However, the public hospital is a user of medicines, instead of the seller, is the identity status asserted from the essence of the hospital, from the legal angle, accord with legislator's original idea even more, help to standardize the reseach of medicines, produce, manage, use and supervise and manage, accord with the sound development of social public interests and hygiene industry, the harmony more favorable to relationship between doctors and patients even more. "I believe, most people are unwilling to see the hospital change body into the operator, seller. "

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