Medical beauty places must have professional medical beauty doctors and places with medical beauty qualifications, and the products are approved by the state. Medical beauty involves surgery and requires a qualified operating room recognized by the Health and Health Commission, which is sterile. Doctors and medical wastes should have special access, as well as indoor air monitoring measures, including rescue vehicles, ECG monitoring, oxygen equipment and other rescue conditions.
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A medical beauty institution in Weihai was awarded a refund of three times compensation.
On the morning of March 15, the Higher People's Court of Shandong Province held a press conference, and Chen Dongqiang, vice president of the First People's Court of the Provincial Court, introduced a medical beauty dispute case.
On June 2020, 65438+1October 1 1, Zhang and Yu came to a medical beauty company in Weihai to consult about beauty matters. The company designed eyebrow positioning, eye tattoo removal and other medical beauty projects for the two, and charged 6,543,800 yuan per person for medical treatment. The next day, the company operated on Zhang Heyu. That night, Zhang was taken to the hospital for treatment because of headache and fever.
On June 5438+1October 65438+May, 2020, the Law Enforcement Brigade of Weihai Municipal Health and Wellness Committee conducted an on-site inspection of the company according to reports from the masses. The company cannot produce the Practice License of Medical Institution; The staff said that they have submitted the relevant materials of the Practice License of Medical Institutions to the examination and approval authorities, but they have not yet obtained the certificate.
On April 9, 2020, Weihai Municipal Health and Wellness Committee made a decision on administrative penalty for the company, and decided to confiscate the illegal income of 6 1.400 yuan and impose an administrative penalty of 3,000 yuan. Later, Zhang and Yu sued the court on the grounds that the company did not have the medical beauty qualification and was not qualified to practice medicine, demanding a refund of the service fee and triple compensation.
After trial, the People's Court of Weihai Economic and Technological Development Zone held that the information about goods and services provided by operators to consumers should be true, comprehensive and accurate, and no false or misleading live demonstrations and other publicity activities should be carried out. In this case, the company carried out medical cosmetic surgery for Zhang and Yu without obtaining the Practice License of Medical Institutions, which violated the prohibitive provisions of laws and regulations, and the company's behavior constituted fraudulent operation in the Consumer Protection Law.
The first paragraph of Article 55 of the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests stipulates that if a business operator commits fraud in providing goods or services, it shall increase the compensation for the losses it has suffered according to the requirements of consumers, and the amount of compensation shall be three times the price of the goods purchased or the cost of receiving services.
Zhang Yu demanded to return the service fee and compensate for the loss by three times. The evidence is sufficient and well-founded, and it is supported. It is decided that the company will refund Zhang's and Yu's operation expenses 10000 yuan each and compensate for the losses of 30,000 yuan each. The court of second instance upheld the judgment of first instance.