National Health and Family Planning Reform Commission 2014-05-04
Discipline Inspection Group’s Supervision Bureau at NHFPC No 1, 2014
Discipline inspection group at health and family planning commissions in provinces, autonomous regions and municipalities directly under the central government; Xinjiang Production and Construction Corps; the National Health and Family Planning Reform Commission; departments at the State Administration of Traditional Chinese Medicine; and other direct contact units:
To further implement the spirit of the third plenary session of the 18th CPC Central Committee, bring to justice bad practices in the medical and health care system that impairs public interests, safeguard the legitimate rights and interests of the public, and promote the development of medical and health care reform, we put forward the following requirements to strengthen medical and health care practice investigation work:
1. Make clear and strict disciplines, and seriously deal with bad practices impairing the public interests with zero tolerance
Combating bad medical and health care practice plays an important role in protecting the legitimate rights and interests of the public, strengthening medical and health care team building, and promoting the development of medical and health care reform. Health and family planning, as well as medical administrative departments at various levels, should make fighting bad practices a basic job and strengthen necessary skills in this regard. The supervisory organ in the health and family planning department should earnestly shift functions, transfer work method and style, strengthen supervision of bad practice investigation, and seriously combat bad practices that damage public interests with zero tolerance.
Work should be done to strengthen the construction of good medical and health care practice. Nine bad practices should be avoided, such as encouraging prescription and medical examination to boost the salary of medical staff, making unwarranted medical charges, taking unwarranted social donations, participating in illegal medical promotions and advertising activities, making illegal medical product procurements, and taking medical kickbacks. Any individual or institution that violates the regulation will be punished without leniency.
Bad practices will face serious punishment in accordance with the relevant law. Superior administrative departments should report medical and health institutions that break the law, urge it to rectify any violation, and deal out punishment, such as downgrading, giving warning or revoking its license. Misbehaving medical staff should receive education and be punished by being suspended, moved downward or disqualified for any awards or contract renewal. For serious violations, superior health and family planning administrative departments should force the violating party to suspend or shut up business or revoke its license in accordance with the law. The corresponding discipline inspection department should deal out punishment if it needs, or offer advice to relevant departments to do so in accordance with leadership management jurisdiction. Criminal cases should be handed over to the justice department without hesitation.
Insist on early medical treatment and never miss small problems for patients
Be responsible for medical and health care work, take care of medical officials’ ideas, work and life, make early discovery of bad practices, give early warning, correction and investigation, nip problems in the bud, and give monitory talks to prevent small problems from deteriorating.
2. Implement case report and exposure mechanism to give monitoring education and deterrence
Health and family planning, as well as medical, departments at all levels should report investigation cases locally. The provincial health and family planning department should report suspended medical staff across the province. The National Health and Family Planning Commission should expose medical staff with revoked licenses nationwide. Detailed information on medical code violations or unlawful practices will be exposed, including the violator’s name, to give deterrence. Bad practices that cause strong social response or media attention will be promptly investigated, and results will be released to answer the public.
3. Establish or improve case investigation system to make strict work procedures and disciplines
Improve clue collection and public opinion analysis mechanisms and broaden clue collecting channels through setting up public informants’ hot line, online and offline complaints mailboxes. Improve clue treatment mechanism, carefully register clues on bad practice and conduct central management. Follow central discipline commission’s standards to treat clues, such as planning to make a case, giving preliminary review on clues, temporarily keeping them, and putting them on file.
Insist on and improve clue screening system, conduct group study on clues in hand, avoid concealing cases and autocracy in decision making. Build or improve case reporting system. The supervisory organ at health and family planning departments at various levels should report treatment and case investigations to not only Party organizations of the same level but also superior supervisory departments. General cases can be reported on a quarterly basis, while major cases should be reported immediately at any time.
During case investigation, deposition work should be strengthened to get mutually corroborated evidence and form an intact and stable clue chain; implement responsibility system; strengthen checks and balances between discipline inspection and supervision departments; and find out main violations and deal out punishment in accordance with the Party discipline. Criminal cases will be promptly handed over to the justice department; follow strict case investigation discipline, abide by case working procedure and confidentiality, and insist on handling cases in a lawful, safety and civil way.
4. Strengthen coordination and cooperation to form a joint force in case handling
Health, family planning and medical departments at various levels should establish or improve internal coordination mechanisms for case handling, and clarify the division of labor and responsibilities among discipline inspection, medical administration, comprehensive supervision, financial audit and drug administration departments. The departments should clarify leading and assisting departments for every type of case, and build a work mechanism featuring individual responsibility and overall coordination. The departments should strengthen coordination and cooperation between health and family planning administration departments and discipline inspection, public security, and industry and commerce departments. They should establish or improve information sharing, case transfer and work coordination mechanisms to pool forces. They should strengthen work guidance for subordinate unit case handling and give more help and guidance to areas or units that haven’t dealt with cases for a long time to improve their work.
5. Improve responsibility system and hold everyone accountable
Investigating and handling medical and health care practices is a common responsibility shared by health and family planning departments, medical units, and discipline inspection and supervision organs at health and family planning departments at various levels. The medical unit is responsible for its internal departments and staff. Health and family planning departments and their internal departments are responsible for handling bad practices among medical units and their leadership under their jurisdiction. Discipline inspection and supervision organs at health and family planning departments are responsible for handling major influential or typical bad practices. The organs are also responsible for supervising health and the family planning department and its internal institutions, as well as medical units, and holding everyone accountable for malpractice.
Regions and units at various levels should formulate specific accountability methods by clarifying individual responsibility, building a chain of monitoring, inspecting and investigating, and holding irresponsible personnel accountable. In areas and units that are a breeding ground for bad practices, not only directly responsible personnel but also heads of the department in question will be punished. Discipline inspection and supervision organs will also be held accountable if they fail to establish enough supervision or bring malpractice to justice.
6. Strengthen education and training to raise case handling abilities
Discipline inspection and supervision officials should live up to their responsibility and strengthen studies of policy, regulation and other professional skills. Inspection and supervision organs should enhance education and training for its staff. The Central Discipline Inspection Group’s Supervision Bureau at NHFPC will carry out professional training for inspection and supervision officials at all levels and the secretary of discipline inspection commissions at national third-level medical institutions. Discipline inspection commissions at health and family planning departments at all levels should also take steps to conduct training to raise case handling abilities. In the meanwhile, they should conduct strict supervision and management of discipline inspection officials, improve internal supervisory mechanisms, and voluntarily be subjected to supervision from the Party, the public and the press, transforming itself into a well-disciplined team.
Any problems in implementing this notice, please report them to the Central Discipline Inspection Group’s Supervision Bureau at the NHFPC.
Central Discipline Inspection Group’s Supervision Bureau at NHFPC
March 19, 2014