The government proposes to introduce new administrative responsibilities and to toughen existing penalties for violations in the health sector. The relevant amendments to the Code of administrative offences introduced in the state Duma on Tuesday, June 7. New penalties threaten to pharmacies, hospitals and physicians violating patients ‘ rights. The amendments were developed on behalf of Russian President Vladimir Putin, who back in December 2014 has set the task to form a “centralized system of state control over the quality of healthcare organizations.”
In particular, physicians will face a penalty for violating the order of rendering of medical aid — a warning or a fine up to 20 thousand rubles., if the violation did not cause harm to life and health of patients, and a fine of up to 30 thousand rubles., if caused or created such a risk. The offense will be considered not only action but also inaction of the medical profession. The maximum penalties for the same violations for individual entrepreneurs reached, respectively, 30 thousand and 40 thousand rubles., and to involve 300 thousand and 400 thousand. thus, the activities of medical institutions, putting a patient in danger may be suspended for up to 90 days, to be a government bill.
Substantial fines are threatened by physicians, patients failed to free care, guaranteed health insurance — the penalty of 30 thousand rbl. the same penalty will be laid if the physician charges for treatment that should be free. Will punish doctors working in hospitals that participate in the program of state guarantees of free rendering to citizens of medical care. Themselves of the medical facilities in such cases will be fined 30-40 thousand.
More severe punishment based on doctors convicted of gross violation of requirements of licenses for medical and pharmaceutical activity — a fine of up to 50 thousand rubles (“simple” violation of license requirements physicians will cost 20-30 thousand rubles). Companies and organizations that will be found in violation of the requirements of licenses for medical and pharmaceutical activities, will be fined in the amount up to 200 thousand rubles. And for the gross violation of license requirements can be fined up to 300 thousand rubles. or administrative suspension of activity for up to 90 days. Entrepreneurs operating without establishing a legal person for the violation will be punished in the same way as the legal entity stated in the bill. The concept of “gross” violations of licensing requirements, the government will establish after the adoption of the law, in relation to each specific licensed activity, to the document.
Over inflated prices for medicines — up to 1 million rubles.
Just stricter, the government proposes to punish pharmacies, their suppliers and employees for overstatement of prices for medicines from the list vital and essential (EDL). The prices of such drugs are regulated by the government.
The penalty for overstating retail markups to selling prices of drugs essential drugs will reach 150 thousand rubles for officials and 500 thousand rubles for pharmacies. Pharmacies, in addition, will face administrative suspension of activity for up to 90 days.
For overstating the wholesale markups to selling prices for medicines from the VED list, the responsibility will be even tougher: 150-200 thousand rubles for officials and 1 million rubles for the guilty companies. The companies in this case will face a closure for 90 days. Entrepreneurs operating without legal entity formation, and for these violations will be punished as a legal entity, is noted in the bill.
Relatively soft will be penalties for physicians for violation of order of carrying out of medical examinations, medical examination and prophylactic medical examination — 1-1,5 thousand rubles For the failure to comply with limitations when the medications doctors will warn or fine in the amount up to 7 thousand rubles violation of the right of patient to choose a physician to physicians will cost 2-3 thousand RUB over Warning or a fine of up to 10 thousand rubles. will be punished for violation of pre-clinical and clinical studies of medicines. Finally, a fine from 5 thousand to 20 thousand RUB. will be entitled for violation of the procedure of prescribing and prescribing drugs.
The bill prepared by the Ministry of health and was submitted for public discussion in late 2015. The purpose of the introduction of new types of administrative responsibility and greater accountability for the existing formulations of offenses in the sphere of health — improving the efficiency of control and supervision and orientation of the state control (supervision) on the prevention and motivation to prevent infringements, is told in the explanatory note to the bill. Now the lack of administrative responsibility, as proposed by the draft law does not fully apply measures of influence in identifying the healthcare of the violations of quality and safety of medical activity, and the results only requirements — lack of effective measure, said in a Memorandum.