1. The production, sale and operation of its plaster can only be carried out after obtaining the corresponding license, otherwise it is illegal to produce or operate without a license, and the perpetrator should be punished accordingly;
2. It is legal if there are relevant qualifications such as pharmaceutical production qualifications.
If the circumstances are serious and constitute a criminal offence, corresponding punishment will be given.
It is not illegal to sell plasters. You must have relevant qualifications such as Drug Administration Law and drug production qualification. To establish a pharmaceutical trading enterprise according to law, the following conditions must be met:
1, qualified as a pharmaceutical technician according to law.
2. Having business premises, equipment, storage facilities and sanitary environment suitable for the drugs handled.
3. Having a quality management organization or personnel suitable for the drugs handled.
4, there are rules and regulations to ensure the quality of drugs.
The boundary between the crime of illegal medical practice and the crime of medical accident
The crime of illegal medical practice and the crime of medical accident are both crimes endangering public health, which may objectively cause the death of patients or seriously damage their health. Their differences are mainly as follows:
Objectively different. The former objectively manifests as illegal medical practice in violation of national medical management laws and regulations, and the circumstances are serious. The latter is objectively manifested as the behavior of medical staff who violate the rules and regulations and are seriously irresponsible in the process of legal diagnosis and treatment, leading to the death of patients or seriously damaging their health.
Different themes. The subject of the former is people who do not have the qualification of doctors, while the subject of the latter is medical personnel who have obtained the qualification of doctors.
Subjectively different. The former's psychological attitude can be negligence or indirect intention to the consequences of the actor's death or serious damage to the health of patients, but it is direct intention to the behavior that violates the medical management system. The latter's psychological attitude towards causing serious adverse consequences can only be negligence.
The crime of illegal medical practice is serious.
Causing mild disability of patients, organ and tissue damage leading to systemic dysfunction;
Causing or threatening the spread and prevalence of Class A infectious diseases;
Using counterfeit drugs, inferior drugs or sanitary materials and medical devices that do not meet the standards prescribed by the state, which is enough to seriously endanger human health;
Illegally practicing medicine again after being punished twice by the administrative department of health;
Other serious circumstances.
Finally, if illegal medical practice seriously damages patients' health and causes patients' death, heavier legal punishment will be applied.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 141 of the Criminal Law of People's Republic of China (PRC)
Crime of producing, selling and providing counterfeit drugs. Whoever produces or sells counterfeit drugs shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined; Whoever causes death or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated.
Drug addicts who knowingly provide counterfeit drugs to others for use shall be punished in accordance with the provisions of the preceding paragraph.
Article 15 of the Drug Administration Law of People's Republic of China (PRC) must meet the following conditions for starting a drug trading enterprise:
1, qualified as a pharmaceutical technician according to law.
2. Having business premises, equipment, storage facilities and sanitary environment suitable for the drugs handled.
3. Having a quality management organization or personnel suitable for the drugs handled.
4, there are rules and regulations to ensure the quality of drugs.