On September 22, 2022, "Legal Compliance Salon for Medical Beauty Industry" organized by King&Capital Law Firm and China Plastic & Cosmetic Association was successfully held in King&Capital Law Firm. Wang Chao, Director of the Membership Department of the China Association of Plastic Surgery and Aesthetics (CAPSA), as well as 15 presidents and chairmen of CAPSA member organizations attended the event.
The event focused on compliance in the medical beauty industry. King&Capital senior partner Ms. Fei Wang, partner Ms. Xiaoping Weng, partner Ms. Liping Ding and senior tax consultant Ms. Huiyun Gao shared their views on advertising and promotion, data security, labor and employment, criminal compliance and tax risk respectively.
Changzhi Chu
King&Capital Law Firm Managing Partner and CEO, Mr. Chu Changzhi, welcomed the guests and said that the rapid development of the medical beauty industry in recent years is obvious to all, and the contradiction of imbalance between supply and demand in the industry has always existed, and along with the increase in the demand for compliance in the development of the industry, the potential legal risks have also surfaced gradually, and that this conference aims to exchange views on the pain points and difficulties that have occurred in the operation of the medical beauty industry operators and to discuss the potential legal risks in the industry. This conference aims to exchange views on the pain points and difficulties arising from the management of medical beauty industry operators, and to provide tips and inspiration on the potential risks in the industry.
Wang Chao
Mr. Wang Chao, Director of the Membership Department of the China Association of Plastic Surgery and Aesthetics, thanked King&Capital for their hospitality and said that with the development of the industry, it is inevitable that enterprises will encounter difficulties and obstacles when exploring the mode of complying with the operating regulations. The medical beauty industry, as a special industry under strict regulation, emphasizes more on safety, and operators need to keep the string of compliance taut at all times. He hoped that the representatives of various enterprises could speak freely and gainfully.
Wang Fei
Ms. Fei Wang, Senior Partner of King&Capital Law Firm, shared her views on three aspects: advertising and promotion of medical institutions, data and personal information handling, and diagnosis and treatment activities and premises. With regard to advertising and publicity, Ms. Wang emphasized that institutions should pay attention to the use of prohibited words and avoid infringing on patients' rights to name, portrait, reputation and privacy, etc. Meanwhile, the use of the name of a famous institution to attract traffic is also a cause for concern. Regarding the registration and management of medical personnel, apparatus and drugs, Ms. Wang suggested that operators should pay more attention to doctors' multi-practice and the relevant norms on the labeling of drugs and apparatus. Finally, Faye Wang gave a reminder on the handling of data and personal information. As online referrals and online consultations are becoming more and more common, some organizations will develop small programs or APPs to collect customer information, Faye Wang emphasized that the collection of medical data and personal information should comply with the principle of minimum necessity, and strictly follow the hierarchical classification management of the industry, so as to avoid leaving behind any hidden dangers, which may lead to lawsuits and disputes.
Xiaoping Weng
Mr. Weng Xiaoping, a partner of King&Capital Law Firm, shared his views on the topic of "Prevention of Criminal Law Risks in Medical Beauty Industry". Mr. Weng firstly sorted out the current situation of the medical beauty industry, and emphasized the necessity of preventing and controlling the criminal risks while doing a good job in the reputation and how to prevent the risks. Combined with the main crimes and classic cases, Mr. Weng systematically listed several crimes that are often triggered in the medical beauty industry, such as misappropriation of funds, misappropriation of duties, illegal practice of medicine, medical malpractice, etc. He pointed out that, once the risk as well as the criminal disputes appeared, it is necessary for practitioners to pay great attention to it and ask for professionals to intervene and deal with it in a timely manner. Finally, Mr. Weng Xiaoping briefly shared the three phases of risk prevention in the process of business operation: preventing beforehand, controlling during the process, and responding to the crisis afterward, hoping to inspire entrepreneurs and employees in the medical aesthetic industry.
Ding Liping
Ms. Ding Liping, partner of King&Capital Law Firm, shared her views from the perspective of "Labor and Employment Compliance Management in Medical Beauty Industry". Based on her own experience, Ms. Ding understands that labor disputes in the medical aesthetic industry are relatively prominent, and explains from the perspectives of non-competition restriction, trade secrets, labor remuneration and illegal termination in combination with relevant cases. From the operator's point of view, enterprises should have a complete set of compliance guidelines when designing compliance management methods for entry, probationary period, salary, attendance, performance assessment, rewards and punishments, confidentiality and non-competition, separation management, labor contract management, etc. Attorney Ding Liping put forward four suggestions for personnel management: improvement of human resource management boards, introduction of risk identification lists at various stages of human resources, strengthening of supervision of personnel in important risky positions, and conducting periodic review of human resource management procedures and procedures. The lawyer also suggested four points for personnel management: improvement of human resources management board, introduction of risk identification checklist at each stage of human resources, strengthening supervision of personnel in important risky positions, and regular compliance training, so as to strengthen the overall awareness of compliance, reasonably satisfy the needs of employees, and guarantee the stability of business operation.
Gao Huiyun
Ms. Gao Huiyun, Senior Tax Law Consultant of King&Capital Law Firm, explained the legal risks of financial and tax compliance for enterprises. Ms. Gao firstly pointed out that the risks of suspected tax evasion in the industry include the collection of money from private accounts, false VAT invoices, etc. As the tax authorities are now using a big data management system for reporting, practitioners in the medical aesthetic industry and high-income groups should pay more attention to the way of paying taxes and duties. In addition, consultant Gao Huiyun emphasized that the risk potential of reporting is greater than that of big data analysis, and that medical aesthetic organizations should pay attention to the self-inspection slips issued by the tax authorities, actively cooperate, and make up payments in a timely manner. Finally, Gao Huiyun summarized a set of methods for enterprises' self-inspection - the three-level systematic combing method of tax risk, i.e., considering the top-level structure from the macro level, focusing on the contractual risk from the meso level, and focusing on the financial processing from the micro level, so as to minimize the tax risk as much as possible from these three levels.
Conference scene
The deans and chairmen of the units present expressed their thanks to the lawyers for their sharing, recognized the compliance management ideas provided by the lawyers for the operators, and had in-depth exchanges and discussions with the lawyers on the problems arising from their own operation and management process.
King&Capital Law Firm will continue to pay attention to the development of medical beauty and other industry dynamics and policy changes, and will further carry out this kind of offline activities to fully communicate with the member units and assume the responsibility of legal literacy. King&Capital lawyers team will be excellent professional ability, responsible attitude and accumulated a lot of research results and rich practical experience, for the healthy development of enterprises escort.
