关于对严重危害正常医疗秩序的失信行为责任人实施联合惩戒合作备忘录

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来源:http://www.ndrc.gov.cn/zcfb/zcfbtz/201810/W020181016555671140214.pdf

为全面贯彻党的十九大和十九届二中、三中全会精神,以习近 平新时代中国特色社会主义思想为指导,落实《国务院关于建立完 善守信联合激励和失信联合惩戒制度加快推进社会诚信建设的指 导意见》(国发〔2016〕33 号)和《国务院关于印发社会信用体系 建设规划纲要(2014—2020 年)的通知》(国发〔2014〕21 号)等 有关文件要求,加快推进医疗服务领域信用体系建设,打击暴力杀 医伤医以及在医疗机构寻衅滋事等严重危害正常医疗秩序的失信 行为,建立健全失信联合惩戒机制,国家发展改革委、人民银行、 卫生健康委、中央组织部、中央宣传部、中央编办、中央文明办、 中央网信办、最高人民法院、工业和信息化部、公安部、人力资源 社会保障部、自然资源部、住房城乡建设部、交通运输部、商务部、 文化和旅游部、国资委、海关总署、市场监管总局、银保监会、证 监会、全国总工会、共青团中央、全国妇联、民航局、中医药局、 铁路总公司等部门就医疗服务领域涉医违法犯罪行为人开展联合 惩戒工作达成以下意见。

I. The targets of joint disciplinary action

The targets of joint disciplinary action are natural persons who seriously threatened the normal order of medical treatment by participation in illegal or criminal activities related to medicine, and have been given punishments of administrative detention or higher by the public security organs, or been pursued for criminal responsibility by the judicial organs. Untrustworthy conduct that seriously endangers the regular order of medical treatment as used in this MOU refers to scalping hospital numbers and other illegal or criminal activities that undermine or disrupt the normal order of treatment at hospitals, as well as the 6 types of illegal or criminal activity involving medicine provided for in the "Opinions on Lawful Punishment of Violations and Crimes Related to Medicine and Preservation of the Normal Order of Medical Treatment" issued on April 28, 2014 by the Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, and former Health and Family Planning Commission. The six types of illegal and criminal activity related to medicine primarily include the following situations:

(1) Intentionally harming medical personnel or destroying public or private assets in a medical establishment;

(2) disturbing the order of medical treatment;

(3) Illegally restricting medical personnel's physical liberty;

(4) Berating or intimidating medical personnel;

(5) Entering a medical establishment while illegally in possession of a firearm, munitions, controlled weapons, or hazardous materials;

(6) Inciting others or being retained by others to act on their behalf, to carry out illegal or criminal conduct involving medicine.

 

II. Cross-departmental joint disciplinary measures

(1) Restrictions on obtaining subsidy financial supports.

(Implementing Units:National Development and Reform Commission, State-owned Assets Supervision and Administration Commission)

(2) Guiding insurance companies to follow the principle of risk based pricing to adjust their insurance rates.

(Implementing Units:Insurance Regulatory Commission)

(3) Make their untrustworthy acts seriously endangering the order of medical treatment an important reference factor in restricting enjoyment of beneficial policies.

(Implementing Units:National Development and Reform Commission, Ministry of Commerce, General Customs Administration, State Administration for Market Regulation)

(4) Restrictions on serving as legal representatives, directors or supervisors, or senior management of state-owned enterprises.

(Implementing Units:Organization Department of the CPCC, State-owned Assets Supervision and Administration Commission, General Market Administration)

(5) Restrictions on registration as the legal representatives of public institutions.

(Implementing Units: State Commission Office for Public Sector Reform)

(6) Restrictions on recruitment (hiring) as civil servants or public institution staff

(Implementing Units:Organization Department of the CPCC, Ministry of Human Resources and Social Security)

(7) Follow procedures to promptly revoke related honors, and cancel the target of punishment's participation in selections for honors, they must not be given honors such as 'moral models', 'model workers', or 'May 1st Labor Medals".

(Implementing Units:Civilization Office of the CPCC, All-China Federation of Labor Unions, Communist Youth League Central Committee, the All-China Women's Federation, and other relevant units.)

(8) Those who fail to follow enforcement notices to pay obligations from effective legal documents in the designated period of time and are restricted from high-spending by the people's courts in accordance with law, or who fail to perform obligations set forth in effective legal documents and are lawfully entered by the people's court into the Judgment Defaulters List, are restricted their passage on airplanes, soft-sleeper trains, G type trains, and first-class or higher seats on other train types, and other high-sending and spending on activities not essential for livelihood or work in accordance with law.

(Implementing Units:Ministry of Transport, China Railway Corporation, Ministry of Culture and Tourism, Ministry of Natural Resources, Ministry of Housing and Urban and Rural Development, Supreme People's Court)

(9) Enter the perpetrator of conduct that seriously threatened the normal order of medical treatment into the National Credit Information Sharing Platform and notify their work unit.

(Implementing Units:Sanitation and Health Commission, Ministry of Public Security)

(10) Publicly disclose the perpetrator of conduct that seriously threatened the normal order of medical treatment through the 'Credit China' website, other primary news websites, and other such means.

(Implementing Units: Publicity Department of the CCCPC, Central Internet Information Office)

(11) Restrictions on credentials as an authentication body.

(Implementing Units:General Administration for Market Oversight)

(12) Make information on violations and untrustworthiness an important consideration when approving or recording of modifications to securities companies', insurance companies', fund management companies', or futures companies'establishment, equity rights, and actual controllers; modifications to insurance intermediary operation permits or the shareholders or actual controllers of professional insurance intermediary establishments; or in or private investment fund managers registration, modification of major matter, and other fund recording.

(Implementing Units: Securities Regulatory Commission, Banking Regulatory Commission)

(13) Use information on violations and untrustworthiness as a consideration in approval or recording of directors, supervisors, or senior management, or the responsible persons at branch organizations of securities companies, insurance companies, fund management companies, or futures companies.

(Implementing Units: Securities Regulatory Commission, Banking Regulatory Commission)

(14) Make information on violations and untrustworthiness a consideration when approving independent fund sales establishments. For relevant entities that have records of untrustworthiness, strictly review applications for eligibility to engage in securities, funds, or futures operations, and where they are already an entity of persons engaged in securities, funds, or futures operations, they are to be given heightened scrutiny.

(Implementing Units:Securities Regulatory Commission)

(15) Restrictions on enjoyment of preferential policies in field such as in the field of investment.

(Implementing Units:National Development and Reform Commission, and other relevant units)

(16) When applying for for-profit internet information services, make information on their untrustworthiness an important consideration in review for relevant permits.

(Implementing Units:Ministry of Industry and Information Technology)

III. Joint Disciplinary Action Implementation Methods

(1) the Ministry of Public Security provides the Sanitation and Health Commission with information on the list of perpetrators seriously threatening the normal order of medical treatment. The Sanitation and Health Commission provides the list information through the national credit information sharing platform to departments participating in joint disciplinary action. After the relevant departments receive the list they are to implement punishments for it in accordance with this MOU.

(2) Establish mechanisms for periodic reporting on the efficacy of punishments; relevant departments are to give feedback to the National Development and Reform Commission and Sanitation and Health Commission through the national credit information sharing platform on the state of implementation for joint disciplinary action measures.

(3) Where local authority is involved, the local public security organs are to periodically provide the local sanitation and health departments with information on the list of perpetrators seriously threatening the normal order of medical treatment. The local sanitation and health departments will send the list of perpetrators who seriously threatened the normal order of medical treatment provided by the public security organs to other departments, and the other departments are to carry employ discipline measures in accordance with this memorandum.

(4) Establish mechanisms for leaving joint disciplinary action. 联合惩戒的实施期限自行为人 被治安或刑事处罚结束之日起计算,满五年为止。 期间再次发生严 重危害正常医疗秩序的失信行为的,惩戒期限累加计算。 惩戒实施 期限届满即退出联合惩戒。

IV. Dynamic Management of Joint Disciplinary Action Measures.

卫生健康委对严重危害正常医疗秩序的失信行为等严重违法 违规名单进行动态管理,及时补充、撤销和更新相关信息,并及时 推送至参与严重危害正常医疗秩序的失信行为联合惩戒的相关部 门,对于从该严重违法违规名单中撤销的主体,相关部门应当及时 停止实施惩戒措施。

V. Other matters

Each department shall closely coordinate and actively implement this memorandum. Specific issues in implementation related to the coordination and cooperation between departments are to be settled by the departments through consultation.

After this memorandum is signed, where any laws, regulations, rules or normative documents that are the basis for any joint punishment measure are revised or adjusted, the revised laws, regulations, or normative documents are controlling.

Attachment: The legal basis and implementing units for joint disciplinary action measures

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