一起未使用规范病历从事动物诊疗活动案的查处分析

Analysis on the Investigation and Punishment of a Case Engaging in Animal Medical Activities without Formal Medical Records

2022年11月30日,A市农业综合行政执法大队对一起未使用规范病历从事动物诊疗活动的违法行为进行了查处,对当事人处以1800元的罚款。本文中,通过对案件的来源、调查及处理情况进行梳理,提出了精准锁定违法主体,准确区分病历和处方笺,及时固定动物诊疗活动的关键证据和摸排关联违法行为等思考。分析认为检查诊疗机构是否存在违法行为,应从规范“不按规定使用病历”等行为的查处入手,准确把握诊疗机构和执业兽医各自应负的法律责任,厘清诊断病历、处方笺及其他证据材料之间的相互关系,重点针对诊疗活动较为频繁的时段开展执法检查,这样才能更好地发现问题隐患,彻查违法行为。

On November 30,2022,an illegal act engaging in animal medical activities without formal medical records was investigated by the Agricultural Comprehensive Administrative Law Enforcement Brigade of A city,and the party concerned was imposed a fine of CNY 1800.In the paper,on the basis of sorting out the source,investigation and handling of the case,some recommendations were put forward,including precisely targeting illegal operators,accurately distinguishing medical records and prescriptions,timely keeping the key evidence of animal medical activities and investigating related illegal behaviors It was analyzed that,to examine whether an animal clinic was in noncompliance with laws,such behaviors as“medical records being not used as required”should be investigated,the legal responsibilities of animal clinics and licensed veterinarians should be clearly defined,the interrelationships among medical records,prescription notes and other evidence materials should be clarified,and law enforcement should focus on the period when medical activities were frequent.Only in such way could any problems and hidden dangers be better identified and illegal activities be thoroughly investigated.