Jiangsu hospital suspected of using expired medical equipment to be investigated

Due to the alleged use of expired and invalid medical devices, the Xiayuan Hospital of Rugao City, Jiangsu Province was confiscated by the regulatory authorities and fined 20,000 yuan. Recently, the Intermediate People's Court of Nantong City, Jiangsu Province made a final judgment on the first instance of this administrative punishment case, and revoked the defendant's decision on the administrative punishment of the Rugao Municipal Market Supervision Administration and the administrative review decision of the Rugao Municipal People's Government.

On April 1, 2015, the Rugao City Market Supervision Administration of Jiangsu Province found that eight value-for-use stomach tubes worth 96 yuan and one value were placed in the medicine cabinet of the basic drug area of ​​Xiyuan Hospital in Xiayuan Hospital. The 12.6 yuan disposable oxygen mask has exceeded the expiration date.

Rugao City Market Supervision Administration believes that the above-mentioned behavior of Xiayuan Hospital was suspected of using expired and expired medical devices and was investigated on the same day. After the relevant procedures, on June 3, the bureau made an administrative punishment decision, and found that the original hospital suspected of using expired or invalid medical devices violated the provisions of Article 40 of the Regulations on the Supervision and Administration of Medical Devices. The provisions of the sixth paragraph of Article 66 of the Regulations on the Supervision and Administration of Instruments ordered the hospital to correct the illegal acts and decided to confiscate the medical devices and fines of 20,000 yuan. Shimohara Hospital refused to accept the application and submitted a reconsideration to the Rugao People's Government, but was maintained.

国产家用医疗器械产业要向发达国家看齐

In the court, Xiayuan Hospital argued that the pharmacy's expired and invalid medical device behavior is not a use behavior. When the hospital uses medical equipment, it will strictly implement the "four check ten pairs" of the pharmacy and the nurse's "three check nine pairs" system. In order to prevent the use of expired, expired medical devices, the case involving disposable medical devices is not actually used.

The Rudong County People's Court held that the facts ascertained by the administrative organ when making administrative penalties should be clearly determined, and that the case involved the punishment decision that the plaintiff was suspected of using expired or invalid medical devices, "suspected" is only a possibility, the defendant is uncertain The facts as a premise of administrative punishment are unclear.

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