Case АДМ-7-230/09

Case No. АДМ-7-230/09
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The state healthcare institution (“SHI”) appealed the imposition of an administrative fine of 10,000 rubles which had been imposed on it for a violation of Paragraph 3 Article 19.20 of the Code of Administrative Offences of the Russian Federation (“CAO RF”), which prohibited conducting activities in violation of the relevant license (here, licenses related to medical practice). The fine was imposed because SHI used expired medical devices (specifically, adhesive plaster for catheter, surgical scalpels, surgical catheters and gastric tubes) and because the temperature rate for storage of medicines at its facilities was “disturbed.”

SHI argued to appeal of the lower court’s judgment because the medical devices used were only for external use and, therefore, they did not harm the patient’s body or the quality of medical services. SHI also argued that, due to the absence of central heating in the storage room for its medicines, it was impossible to maintain the required temperature rate.

The Court held that the lower court had correctly applied substantive and procedural norms of law.  The Court determined that in this case SHI had committed the administrative offence by failing to do everything in its power to prevent the described deficiencies while exercising medical activities.

“In this case SHI committed an administrative offence envisioned by paragraph 3 Article 19.20 CAO of RF if the unlawful actions of state healthcare institution have guilt which is characterized by failure to take all in its power measures to prevent noted deficiencies while exercising medical activities.” Page 1.

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