The health and Health Commission cracked down on commercial bribery in the field of medicine, and the latest management measures for bad records were released!

On January 23, Jiangsu Province officially issued the measures for the management of bad records of commercial bribery in the field of pharmaceutical purchase and sale, which made clear regulations on the management of commercial bribery The following is the original of the administrative measures: Chapter I general provisions of the administrative measures for the bad records of commercial bribery in the field of pharmaceutical purchase and sale in Jiangsu Province Article 1 in order to standardize the procurement of drugs, medical consumables and medical equipment in medical and health institutions in the whole province, stop illegal trading activities, crack down on commercial bribery, and promote the implementation of the main responsibilities of the health and family planning administrative departments to comprehensively and strictly govern the party, according to the law of the people's Republic of China on anti unfair competition and the original national health and Family Planning Commission on the establishment of medical purchasing and marketing These measures are formulated in accordance with the provisions on the bad records of commercial bribery in different regions and other relevant provisions Article 2 These measures are applicable to the relevant production and distribution enterprises or their agencies and individuals (hereinafter referred to as the pharmaceutical production and distribution enterprises and their agents) participating in the purchase of drugs (including vaccines), medical consumables and medical equipment in the medical and health institutions of our province Article 3 the provincial health and family planning administrative department is responsible for establishing a system of bad records of commercial bribery in the field of medicine purchase and sale (hereinafter referred to as "bad records of commercial bribery") The medical and health institutions shall be responsible for submitting the relevant case information to the health and family planning administrative departments of their own units in a timely manner The health and family planning administrative departments of cities divided into districts and counties (cities and districts) are responsible for examining and reporting the relevant case information submitted by the medical and health institutions within their jurisdiction The provincial public resource trading center is responsible for dealing with the pharmaceutical production and distribution enterprises and their agents listed as bad records in the centralized procurement process Article 4 pharmaceutical production and distribution enterprises and their agents shall not give money, property or other illegitimate benefits to the medical and health institutions and their staff members who purchase and use their pharmaceuticals, medical consumables and medical equipment Any of the following circumstances shall be included in the bad records of commercial bribery: （1） If it is determined by the people's court to constitute a crime of bribery, or if the circumstances of the crime are minor and no penalty is required, the people's court shall, in accordance with the criminal law, exempt from criminal punishment; (2) if the fact of bribery is confirmed by the procuratorial organ, but the circumstances of the crime of bribery are minor, and the people's Procuratorate decides not to prosecute; （3） Where a disciplinary inspection and supervision organ files a case of bribery for investigation, confirms the bribery and makes a decision to deal with it in accordance with the law; (4) where the bribery is subject to administrative punishment by the finance, industry and commerce, food and drug supervision, medical insurance, price and other departments; (5) other circumstances specified by laws, regulations and rules Chapter II report, verification and publication of bad records Article 5 Any unit or individual who discovers that a medical and health institution or its staff member requests or receives money or property or other improper interests from a pharmaceutical production and distribution enterprise or its agent may report to the relevant department After receiving the report, the administrative departments of health and family planning at all levels and the medical and health institutions shall, in accordance with their duties, promptly investigate and verify it Article 6 a medical and health institution shall, within 5 working days after receiving the documents related to the situations listed in Article 4 of these measures, submit to its health and family planning administrative department the information form of bad records of commercial bribery in the field of medicine purchase and sale and the copies of the documents related to the case Article 7 after receiving the relevant case materials submitted by the medical and health institutions within the jurisdiction, the health and family planning administrative departments of cities divided into districts and counties (cities and districts) shall examine the integrity of the materials and report them to the health and family planning administrative departments at the next higher level within 5 working days Article 8 the provincial health and family planning administrative department shall inform the parties in writing within 10 working days after receiving the relevant case materials submitted If a party has any objection to the record of commercial bribery, he may, within 5 working days from the date of receiving the written notice, make a statement and defense, and may request a hearing if necessary, but the hearing does not include the case handling decision made by the relevant department The provincial administrative department of health and family planning shall make a decision within 5 working days after the parties have made their statements and pleadings and heard Article 9 the provincial health and family planning administrative department shall be responsible for publishing the relevant contents listed in the bad records of commercial bribery on the website of the provincial health and family planning administrative department, including: the name, business address, legal representative or person in charge, name and position of the responsible person of the pharmaceutical production and circulation enterprise and its agent, reasons for violation of the law, relevant judgment and punishment decision documents, and publishing Start and end dates and other information Article 10 the provincial health and family planning administrative department shall, within one month after the publication of the bad records of commercial bribery, submit them to the state health administrative department Chapter III Application of bad records Article 11 the period of application of bad records of commercial bribery is 2 years, calculated from the date of promulgation, which will be automatically eliminated when it is due, unless another bribery is found within 2 years Article 12 for the pharmaceutical production and distribution enterprises and their agents listed in the bad records of commercial bribery in our province at one time or listed in the bad records of commercial bribery in other provinces (autonomous regions, municipalities directly under the central government) twice or more within five years, the provincial public medical and health institutions shall not purchase their drugs, medical consumables and medical treatment in any name or in any form within two years after the list of bad records of commercial bribery is published With equipment, the original purchase and sale contract shall be terminated immediately For the pharmaceutical production and distribution enterprises and their agents once listed in the bad records of commercial bribery in other provinces (autonomous regions and municipalities directly under the central government), when the bidding and purchasing scores of pharmaceuticals, medical consumables and medical equipment in our province are published within two years after the list of bad records is published, the products of the enterprises shall be reduced Article 13 If a pharmaceutical production and distribution company is listed in the bad record of commercial bribery, the subsidiary with legal person qualification shall not bear the corresponding responsibilities together with the parent company; if the subsidiary with legal person qualification is listed in the bad record of commercial bribery, the parent company shall not bear the corresponding responsibilities together Article 14 in case of any of the situations listed in Article 4 of these measures, but the relevant pharmaceutical production and distribution enterprises and their agents fail to be listed in the bad records, the medical and health institutions involved in the case shall, in line with the principle of "punishing corruption and preventing the spread of corruption", make a choice on whether to continue to select the products with relevant problems through the procedures such as convening the pharmaceutical Committee and the equipment committee, and keep records Chapter IV Supervision and Administration Article 15 when a medical and health institution signs a purchase contract with a pharmaceutical production and distribution enterprise and its agent for drugs, medical consumables and medical equipment, it shall also sign a clean purchase and sale contract, which shall state the name of the designated sales representative of the enterprise, shall not carry out commercial bribery, and shall terminate the purchase and sale contract and bear the liability for breach of contract if the enterprise is listed in the bad record of commercial bribery Article 16 the administrative departments of health and family planning in cities divided into districts and counties (cities, districts) shall strengthen communication and exchange with the departments of discipline inspection and supervision, justice, industry and commerce, food and drug supervision, finance, medical insurance, price, commerce, etc., establish the mechanism of information communication and cooperation, and share the information of commercial bribery cases in the field of medicine purchase and sale Article 17 medical and health institutions and their leading groups shall strengthen the construction of work style, carry out the warning education of incorruptible government in various ways, establish and improve the prevention and punishment mechanism, and practically solve the outstanding problems in the field of medicine purchase and sale Article 18 where the person in charge of a medical and health institution, the purchaser, the medical staff and other employees receive the property or other benefits from the pharmaceutical production and distribution enterprise and its agents, they shall, in accordance with the regulations of the Communist Party of China on disciplinary sanctions, the drug administration law of the people's Republic of China, the regulations of the State Council on the administration of personnel in public institutions, the Ministry of human resources and social security and the Ministry of supervision Interim Provisions on punishment of staff members of public institutions and Interim Measures for investigation and handling of disciplinary violations of employees of medical institutions (zwjf [2011] No 22) and other provisions Article 19 the administrative department of health and family planning at or above the county level shall, in accordance with the relevant requirements of the national and provincial medical and health credit management, include the medical and health institutions and relevant personnel involved in the commercial bribery in the field of medicine purchase and sale as "nine prohibitions" against the construction of medical and health style into the level management of dishonesty Article 20 the health and family planning administrative departments of cities divided into districts and counties (cities and districts) shall regularly supervise and inspect the implementation of these measures by the medical and health institutions within their jurisdiction If they fail to implement the provisions of these measures, the direct responsible person and relevant leaders shall be investigated for their responsibilities once verified Article 21 of the supplementary provisions of Chapter V these Measures shall come into force as of November 2018 The original notice of the provincial health and family planning administrative department on the implementation of the provisions of the state health and Family Planning Commission on the establishment of bad records of commercial bribery in the field of medicine purchase and sale (swyz [2014] No 4) shall be repealed at the same time Attachment: bad record information form of commercial bribery in the field of pharmaceutical purchase and sale