The responsibility for errors in nucleic acid testing lies with the other partyIn the past two days, some Huangpu residents reported a strange thing through social media: 13 "positive" cases of new co

The responsibility for errors in nucleic acid testing lies with the other partyIn the past two days, some Huangpu residents reported a strange thing through social media: 13 "positive" cases of new coronavirus nucleic acid were detected in the same community in one day, and in In the subsequent nucleic acid review in the shelter or hospital, these cases were all "negative" without exception! Next, another "negative" case appeared in the hospital or subsequent shelter. Subsequently, at the press conference on the prevention and control of the new coronavirus epidemic in Shanghai held on May 10, it was stated that in response to the feedback from some citizens online about the nucleic acid test results, relevant investigations by third-party testing agencies had been carried out. "If illegal violations are found, Violations will be strictly investigated and dealt with in accordance with laws and regulations and will not be tolerated." Since the violation of laws and regulations has yet to be officially investigated, we cannot jump to conclusions. But judging from the results, there are two possibilities: one is due to the negligence of the testing agency, such as contamination of the nucleic acid sample, and the test result was mistakenly issued as "positive"; the other is that the testing agency did it deliberately. For example, for personal gain, a positive test report is issued despite knowing that the nucleic acid test result is negative. Let’s look at the legal responsibilities that the testing agency may bear in these two situations: First, issuing a “false positive” report due to negligence mainly involves civil and administrative responsibilities. Nucleic acid testing agencies are divided into national teams and private teams. The national team is mainly concentrated in Medical and health institutions, while the civilian team is mainly composed of private hospitals and third-party medical testing laboratories. From the "Tianyancha", it was found that Zhongke Runda involved in the incident has the qualification of a for-profit medical institution (medical laboratory) and is a third-party medical testing laboratory. Implement supervision and management. According to Article 60 of the "Regulations", during the nucleic acid testing process, if the testing laboratory "fails to comply with laboratory biosafety specifications and operating procedures" or fails to collect pathogenic microorganism samples in accordance with regulations, or the source and collection of the collected samples are For illegal activities such as "lack of detailed records of the process and collection methods", the local people's government health department may give warnings and penalties and order corrections. At the same time, since there is a nucleic acid testing entrustment service contract between the nucleic acid testing agency and the local disease control department, it is clear that the entrusting party shall bear the responsibility for distortion of test results due to the fault of the testing agency. Secondly, deliberately issuing erroneous "false positive" reports may involve criminal liability. If the testing agency is subjectively intentional, then the nature of the problem has changed and criminal liability may be involved. Paragraph 1 of Article 229 of my country's Criminal Law stipulates the crime of "providing false certification documents", which stipulates that "the crime of providing false certification documents" is "undertaken by asset evaluation, capital verification, verification, accounting, auditing, legal services, guarantees, safety evaluation, environmental protection, etc." Intermediary organizations with responsibilities such as impact assessment and environmental monitoring intentionally provide false certification documents, and if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined. "Nucleic acid inspection agencies, as professional institutions, provide professional knowledge and technical services to entrusters in accordance with the law. People provide inspection services, which are similar in nature to common intermediary organizations such as accounting firms and law firms. Therefore, if a testing agency intentionally issues an erroneous "false positive" report, it can also be held criminally responsible under this article. At present, Shanghai's epidemic prevention work has entered the most critical moment. Regardless of whether the testing agency is intentional or negligent, the issuance of "false positive" reports reduces the public's trust in nucleic acid testing institutions, interferes with the overall situation of epidemic prevention work, and has a negative impact on epidemic prevention work. is obvious. Therefore, such matters must be seriously investigated and dealt with, and they must not be allowed to sit back and enjoy their success without responsibility.