1. What are the rules of administrative punishment?
1, administrative punishment cases are under the jurisdiction of the administrative subject where the illegal act occurred.
However, if it is more convenient to be under the jurisdiction of the administrative subject in the place where the actor resides, it can also be under the jurisdiction of the administrative subject in the place where the actor resides after consultation with the administrative subject in the place where the behavior occurs.
2. If two or more administrative subjects have jurisdiction over the same illegal act, or the place where the illegal act occurred is difficult to find out, it shall be under the jurisdiction of the administrative subject that was investigated first.
3. If the administrative subject thinks that the illegal act it investigates has constituted a crime, it shall transfer the case to the judicial organ. If it is found to be a crime by judicial organs according to law, criminal responsibility shall be investigated according to law; If the act does not constitute a crime, the case shall be returned to the administrative subject, which shall handle it according to law.
4. If two or more administrative subjects have disputes over the power of administrative punishment, they shall settle them through consultation. If negotiation fails, it shall be reported to their superior administrative organ for designation of jurisdiction.
5. The level of administrative punishment is governed by specific laws and regulations. However, the administrative organ at a higher level has the right to manage administrative punishment cases under the jurisdiction of the administrative subject at a lower level; When the administrative subject at a lower level considers it necessary, it may report to the administrative organ at a higher level for jurisdiction.
6. When the administrative subject implements the administrative punishment, if the violator, witness or relevant party is not in the administrative area of this jurisdiction, it may entrust the administrative organ of the administrative area where these personnel are located to conduct interrogation or investigate and collect evidence, and the entrusted administrative organ has the obligation to assist.
Two, several special cases of beyond the scope of practice:
1. If general anesthesia is performed without obtaining the diagnosis and treatment subject of anesthesiology department, the diagnosis and treatment subject is beyond the registration scope.
2, only registered the "general medicine", but set up surgery, obstetrics and gynecology, stomatology and other medical subjects, which is beyond the scope of practice.
3, only registered as "beauty Chinese medicine" medical beauty institutions to carry out plastic surgery, should be recognized as beyond the scope of practice.
4, gynecological diagnosis of "sexually transmitted diseases", should be referred in accordance with the provisions.
5, maternal and child health hospital is not registered "surgery" diagnosis and treatment subjects, not to carry out "breast surgery".
Legal basis: Regulations on the Administration of Medical Institutions
Twenty-sixth medical institutions must carry out medical activities in accordance with the approved registration or filing of medical subjects.
Article 46. Whoever, in violation of the provisions of Article 26 of these regulations, conducts diagnosis and treatment activities beyond the scope of registration or filing, shall be given a warning by the health administrative department of the people's government at or above the county level, ordered to make corrections, and his illegal income shall be confiscated, and he may be fined between 654.38 million yuan and 654.38 million yuan according to the circumstances; If the circumstances are serious, its Practice License of Medical Institution shall be revoked or it shall be ordered to stop practicing.