Legal analysis

First, if there is a self-qualification of stomatologists, but the clinic is not set up according to the clinic standards of the Health and Health Commission, for example, there is no title of attending physician or above, no registered nurse, no basic equipment such as light-curing lamps and ultrasonic scalers, which violates administrative regulations. The local health department has the right to seal up the clinic, order it to close down, suspend business for rectification, and impose serious administrative penalties such as fines and detention.

second, if the person who runs a dental clinic does not have a doctor's qualification certificate, then according to the provisions of Article 336 of the Criminal Law of the People's Republic of China, a person who has not obtained a doctor's qualification illegally practices medicine, and if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years. Therefore, it is a violation of the criminal law for a doctor to open a dental clinic without a doctor's qualification certificate. The health administrative department can hand over the evidence to the public security department after sealing up the dental clinic. If the public security department finds that it can be handed over to the procuratorate for prosecution after investigation, it will hand it over to the procuratorate for prosecution.

Therefore, if the dental clinic is closed down by the health department, it should take the initiative to accept administrative punishment, pay a fine and make corrections. If you are suspected of committing a crime, you should voluntarily surrender to the local public security department, plead guilty and admit punishment, and the procuratorate and the court will impose lenient punishment.

Legal basis

Notice on Printing and Distributing the Pilot Opinions on Promoting the Development of Clinics issued by the Health and Wellness Committee

1. Oral comprehensive treatment desk:

There should be at least one oral comprehensive treatment desk in the dental clinic.

Personnel:

(1) Physicians 1. Stomatologists should be healthy and competent for related work. He has obtained the qualification of practicing oral medicine, and has been engaged in oral diagnosis and treatment in medical and health care institutions for 5 years after registration, with the title of attending physician and above. 2, set up more than 5 sets of oral comprehensive treatment table, at least 1 with oral deputy chief physician and above the title of practicing physician.

(2) Nurses 1. Nurses should be healthy and competent for related work. 2. There shall be at least one registered nurse, and at least one registered nurse shall be added for each additional three oral comprehensive treatment tables.

III. Housing:

(1) The use area and building layout of the clinic should meet the needs of daily diagnosis and treatment work and meet the management requirements of hospital infection prevention and control.

(2) The net use area of each oral comprehensive treatment table in the consulting room is not less than 6 square meters.

equipment:

(1) basic equipment: light curing lamp, ultrasonic cleaner, air purification equipment, high pressure sterilization equipment, etc.

(2) First-aid equipment: oxygen cylinder (bag), mouth opener, tooth pad, oral airway, artificial respirator, etc.

(3) Unit equipment of each oral comprehensive treatment table: 1 oral comprehensive treatment table (with 1 operating lamp, 1 spittoon and 1 instrument tray); 2 sets of high-speed and low-speed dental cutting devices; 2 sets of salivary suction devices; Three spray guns, 2 guns, etc.; The diagnosis and treatment instruments meet the configuration of one person, one use and one disinfection. Among them, the clinical examination and medical imaging have signed relevant service agreements with other medical institutions, and the services provided by other institutions may not be equipped with relevant equipment.

five, with the national unified regulations and technical operation norms, formulate the post responsibilities of clinic personnel.

VI. Establish an information system, which is interconnected with the medical service supervision information system according to the regulations and standards of the health administrative department.