The most stringent in history! Buying and selling bribes, bad records once black for two years!

Medical Network August 20th The fight against commercial bribery in the field of medicine purchase and sale is the most stringent in history. Once it is discovered, it will not only be removed from the market for two years, but all the previously signed and uncompleted purchase and sales contracts will be terminated immediately.

Recently, the Jiangsu Provincial Health and Family Planning Commission issued a notice on the “Administrative Measures on the Bad Record of Commercial Bribery in the Pharmaceutical Purchase and Sale in Jiangsu Province (Consultation Draft)”, which combats commercial bribery in the field of medicine and equipment consumables purchase and sale. An important point is that for pharmaceutical production. In the handling of the circulation enterprise and its agents, if a commercial bribery is discovered within two years, all the signed purchase and sale contracts will be terminated immediately, with no room.

The above “Opinion Draft” clarifies that pharmaceutical production and circulation enterprises and their agents may not procure and use them. drug Medical and health institutions, vaccines, medical consumables and medical equipment, and their staff's property or other illegitimate interests, in any of the following circumstances, should include a bad record of commercial bribery:

(1) If the judgment of the people's court determines that it constitutes a crime of bribery, or the circumstances of the crime are minor, there is no need to impose a penalty, and the people's court shall be sentenced to exemption from criminal punishment in accordance with the criminal law;

(2) The procuratorate has determined that there is a bribery fact, but the circumstances of the bribery crime are minor, and the people's procuratorate makes a decision not to prosecute;

(3) The disciplinary inspection and supervision organ shall investigate the bribery, determine the bribery in accordance with the law and make a decision on handling;

(4) Being subjected to administrative punishment by the departments of finance, industry and commerce, food and drug supervision, medical insurance, and price due to bribery;

(5) Other circumstances as stipulated by laws, regulations and rules.

The application period for commercial bribery bad records is 2 years. It is calculated from the date of publication, and the expiration is automatically eliminated, except for other bribery behaviors found within 2 years.

The "Announcement" clarifies that a bad record of commercial bribery in Jiangsu Province and two or more years in five years are included in the bad records of commercial bribery in other provinces, autonomous regions and municipalities announced by the national health and health administrative department. medicine Production and distribution enterprise proxy People, the province's public medical and health institutions shall not purchase their medicines, medical consumables and medical equipment in any form within 2 years after the publication of the list of bad records of commercial bribery. The original purchase and sale contract shall be terminated immediately.

In addition, the pharmaceutical production circulation of a bad record of commercial bribery in other provinces, autonomous regions and municipalities announced by the national health and health administrative department. enterprise And its agents, in the province's drugs, vaccines, medical supplies and medical equipment within 2 years after the publication of the bad record list Tender When purchasing a score, the company's products are treated with a reduced amount.

In fact, this opinion draft of Jiangsu Province is the inheritance of the “Regulations on Establishing Bad Records of Commercial Bribery in the Field of Pharmaceutical Purchase and Sale” (National Health Law [2013] No. 50) issued by the former National Health and Family Planning Commission in 2013. There is an extension.

In the punishment of the bribes of pharmaceutical production and distribution enterprises and their agents, Article 7 of the above-mentioned 'No. 50' clearly states:

For a pharmaceutical production and operation enterprise and its agent listed in the local commercial bribery bad record, the public medical institution in the provincial area or the medical and health institution receiving financial funds shall not purchase the medicine within two years after the publication of the bad record list. Equipment and medical consumables, public medical institutions in other provincial-level regions or medical and health institutions receiving financial funds are subject to tenders within two years of tendering and purchasing scores.

For the second or above listed bad business bribery records within five years, all public medical institutions in the country or medical and health institutions receiving financial funds may not purchase their medicines, medical equipment and medical consumables within two years.

Compared with Jiangsu's opinion draft, the 'original termination of the original purchase and sale contract' is the most stringent in the world, not only involves the company in the local market within the next two years, and will shake the previous purchases and sales.

The cypress blue device found that in addition to the penalties for the above-mentioned 'No. 50 text', the other provinces also considered the conditions for relaxation.

For example, Shanghai Municipality stipulates that 'the qualifications for drug purchases are suspended within two years (except for shortages)'; Guizhou Province stipulates that '(the pharmaceutical production and operation enterprises with bad business records in Guizhou Province and their agents) will reappear within two years. Should be included in the commercial bribery record, recalculate the two-year limit from the date of rediscovery.'

The closest thing to the punishment measures in Jiangsu's opinion draft should be Anhui Province.

The penalty in Anhui Province is that for the 'one-time inclusion', the same original purchase and sale contract is terminated. For those who are listed as 'secondary or above in five years', and within two years after the last bad record list is published, there are also The original purchase and sale contract was terminated. Both of them require that the centralized pharmaceutical procurement agency within the province should not accept the production or sales of products for centralized procurement or distribution qualification within 2 years.

In contrast, the trend is obvious, the penalties are getting stricter, and there are no additional conditions.