醫療機構未能交代管制藥品流向，如何適用法條？是否得准予歇業？【醫事法學教室】 試閱
How to evaluate it legally when the Medical Institution didn’t know the Using of Controlled Drugs? Could Their Business Be Terminated?
本案涉及醫療機構大量購置管制藥品，且有處方未依法定程序給予、處方管制藥品數量超出醫療常規、管制藥品交付、流通方式異常等情事。其雖仍得以申請歇業，且主管機關依法不得以未交代管制藥品流向而否准，但主管機關仍須就其歇業前稽查結果，以及管制藥品轉讓或銷毀簿冊登載列報結果，依實務見解之「醫療目的」與「使用正當」之二階段判斷標準，審視是否該當醫療法、醫師法、管制藥品管理條例及毒品危害防制條例等相關法條之構成要件。若有違反，則須作成相關之行政處分。
This case is about the medical institution which bought a large number of controlled substance. Moreover, it didn’t give prescriptions according to the legal requirements, and owned the controlled substance more than the limitation of medical regulations. Although it could close the business and the authority couldn’t reject just because of unclear report of the circulation of these controlled substance. However, the authority has to investigate it before approving the appalment, and record the circulation, including the transferring and destroying, with the two-stages-criterion of the medical purpose and proper using. If it against Medical Law, Physician Law, Statute for the Control of Controlled Drugs and Against Narcotics Act, there must be the administrative sanction to answer it.
134-138
