Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399345.shtml
Handan medical disputes prevention and solution
(November 15, 2013, Handan city people's Government, the 13th Executive meeting January 20, 2013, 146th Handan people's Government promulgated as of December 1, 2013.
First article for effective prevention and disposal medical patient disputes, protection patients, and medical institutions and medical personnel of lawful rights and interests of, maintenance normal of medical order, according to People's Republic of China people mediation method, and People's Republic of China practice industry physician method, and People's Republic of China infringement responsibility method, and State nurse Ordinance and medical accident processing Ordinance, legal, and regulations provides, combined I city actual, developed this approach.
Second approach applies to various medical institutions at all levels within the administrative area of the city of medical disputes prevention and treatment work.
Third doctor-patient dispute in these measures refers to both doctors and patients to the medical institution and its medical staff of inspection, treatment and nursing actions and their consequences, and its reasons, led to differences in understanding of responsibility caused controversy. Mentioned in these measures refers to patients, including patients, patients with immediate family members, other relatives and the lawyers and other staff commissioned.
Patients or relatives of patients to medical institutions in the name of mob of improper benefits to staff, not the patient, by the public security organs according to law.
Article fourth disposal should follow the prevention of medical disputes and legal disposal, management, fair, timely and convenient principle of territoriality, the facts are clear, accurate, accountable and proper treatment.
Fifth of municipal and County (city, district) should be established to handle medical disputes mediation lead agencies, from health, petition, police, justice, civil affairs, finance, human resources and social security, legal, and other departments, is responsible for the medical disputes in the region to handle the mediation work of the command leadership, coordination and supervision.
Article sixth violation medical institutions shall establish and improve personnel accountability system, medical quality supervision and evaluation system, doctor-patient communication system and security system.
A medical institution shall establish reception sites, accept patients ' inquiries and complaints.
Seventh medical personnel should comply with the following provisions:
(A) the health and compliance with laws, regulations, rules, and technical practices;
(B) establish professionalism, ethical, caring for, loving and respecting patients, protect patient privacy and committed service to patients;
(C) the imposition of medical treatment, prevention or health care measures, signed the relevant medical certificates, you must personally examine, investigate and complete medical documents in a timely manner in accordance with regulations, not concealment, falsification or destruction of medical documents and related information;
(D) on the premise of avoiding an adverse effect in patients with, tell patients or their families, illness, medical, medical risk and cost, and so on, and to answer their inquiries in a timely manner;
(E) shall not issue has nothing to do with their scope of practice or medical certificates that are incompatible with the practice category;
(Vi) for acute and critical care, urgent measures should be taken for treatment, refuse to give emergency treatment.
Article eighth patients and their family members shall comply with the following requirements:
(A) to comply with medical regulations, maintain order;
(B) address condition to the medical staff, with the health professionals in the diagnosis, treatment and care;
(C) timely payment of medical expenses;
(D) when a dispute arose, according to procedures in accordance with law to medical institutions, health administration or doctor-patient dispute mediation Committee (hereinafter "Commission") stated his reasonable demand, or directly to the court proceedings. Nineth medical personnel to medical disputes or found suffering from disturbing the order of medical acts, shall be reported in accordance with the provisions of the regulations on the handling of medical accidents.
Medical institutions shall take immediate measures to prevent the situation from expanding, and required to carry out investigation to verify, and keep an eye on all relevant information.
Tenth medical institutions shall, in accordance with the provisions of the regulation on the handling of medical accidents, reported significant medical negligence and medical disputes in a timely manner, not withholding or delaying report false.
11th after disputes between doctors and patients, medical institutions should start medical dispute treatment plans, and in accordance with the following process:
(A) according to the plans of call of duty, control measures and prevent the situation from expanding, hospital expert consultation was informed in a timely manner and submitted to the next higher administrative Department of public health;
(B) in the presence of both doctors and patients case, according to the provisions of the regulations on the handling of medical accidents sealed and unsealed field related to physical and medical records;
(C) death of patients at medical institutions within the body should be immediately removed from medical institutions, special circumstances may not exceed 12 hours.
Fails to dispose of the bodies, and approved by the local health administrative departments of medical institutions and report to the public security organs at the same level after the filing, by the public security organs to help move bodies out of medical institutions;
(D) inform the patient about methods and procedures for disposal of medical dispute, reply to patient counselling and questions, guide the patient to solve disputes; (E) negotiation resolve disputes between doctors and patients should be in special shelters for medical institutions.
Patients to hospital number 3 or more people shall elect representatives for consultations, representation shall not be more than 3;
(F) disposal after the disposal of medical disputes report to the Administrative Department of public health, reflect the medical dispute occurred and investigate and handle the situation.
12th Administrative Department of public health after receiving reports on disputes between doctors and patients, should be in accordance with the following process:
(A) ordered medical institutions to take timely measures to prevent the situation from expanding;
(B) to carry out policy advocacy and educational guidance, leading both doctors and patients properly according to law to resolve disputes;
(C) the medical accident disputes by the parties, in accordance with the provisions of the regulations on the handling of medical accidents.
13th under any of the following circumstances, the medical institution shall immediately report to a public security authorities at their place:
(A) gathering, hanging banners in the regional medical institutions, affecting the normal work order;
(B) the NAO funeral, mortuary, or mob occupies, Office space in medical institutions;
(C) wilful damage to or theft of medical institutions of property, equipment and medical records, files, and other important information;
(D) impede physicians practise according to law, insults, slander, threats, assault and medical staff or violations of medical workers and their relatives freedom, interfere with normal lives of medical staff;
(E) other serious acts affecting medical order, after persuasion failed.
14th public security organ after receiving the alert medical disputes, should be required to get involved, and in accordance with the following process:
(A) Organization of police rushed to the scene immediately;
(B) to verify the identities of patients and their families, as well as related personnel;
(C) educational counseling, stop the acts listed in article 29th of this approach, maintenance of order;
(D) disposed of other criminal acts that occurred on site. 15th of municipal and County (city, district) shall establish a medical Commission, the judicial administrative departments at the same level are responsible for planning, guidance, supervision and coordination of the day-to-day work. Mediator with strong knowledge of medical specialists, legal experts, forensic experts, insurance experts, psychologists, sociologists, NPC deputies and CPPCC members consisting of experts drawn.
Selecting the mediator should have high ethics and professionalism, and no violation. Medical Commission to mediate disputes between doctors and patients are free of charge.
People's Governments at the same level as the Medical Commission to arrange for the necessary office space, equipped with Office facilities, equipment, according to local economic development and financial condition, financial assistance, guarantee the normal development of their work.
16th of municipal and County (city, district) the Commission shall perform the following duties:
(A) in mediating disputes between doctors and patients, prevent medical dispute intensification;
(B) promote laws, regulations, rules and medical knowledge to guide patient and fair based on fact and law by the parties to resolve the dispute;
(C) mediation of disputes between doctors and patients, according to doctors and patients both parties request, make a written mediation agreement;
(D) to the patients and their family or medical doctor-patient dispute advice and services provided. Doctor-patient dispute conciliation terminated medical institutions belonging to level.
City Medical Commission accepted the city's three districts and one County (congtaiqu Handan Hanshan district, and Fuxing district, and, and) of doctor-patient dispute, counties (cities and districts) Medical Commission accepted medical disputes within their respective administrative areas. Article 17th of doctor-patient dispute amount not exceeding 10,000 yuan, can be used by medical institutions and patient consultations.
Claim amount of more than 10,000 yuan, should apply to the medical institution where medical Commission conciliation or initiate litigation to the people's Court.
18th Medical Commission to mediate disputes between doctors and patients in accordance with the following procedures:
(A) applications for both doctors and patients for eligible parties should be accepted in a timely manner on that day. (B) mediation team composed. By a medical Commission appointed a mediator to mediate the facilitator needed two mediators selected or specified by the parties, at the same time randomly from the database a number of traditional Chinese medicine, law, insurance and other related professionals, joint mediation team.
Parties in accordance with the relevant provisions, avoiding conciliation officer requirements, medical Commission should be reversed.
(C) mediation group called doctors and patients both parties to mediation the mediation places specifically set, parties may appoint a lawyer to attend; and shall notify the medical liability insurance companies to participate in the mediation. (D) between doctors and patients or medical liability insurance company requirements for identification of medical malpractice can be recognized by the Medical Commission of the accrediting body for identification, the expert opinion should serve as a basis for mediating disputes between doctors and patients. Identification of costs by the applicant to advance.
Identified, belong to medical malpractice, appraisal costs paid by the medical institution; not part of the medical malpractice, by its proportional share of responsibility.
(V) conciliation, the Commission shall, in accordance with both doctors and patients the intention of the parties, make a written mediation agreement.
19th in the mediation process, the mediator needs to check out medical records, or to the relevant experts and officers asked, shall cooperate with related units and personnel. 20th Medical Commission shall within 15 working days from the date of accepting an application for mediation mediation end special case, filled in by the parties agree to the mediation extension application form, after approval by the Medical Commission officer, can be extended by 15 working days.
It exceeds the deadline stipulated, a mediation agreement has yet been reached, as mediation fails, terminate the mediation.
21st medical dispute the parties may initiate litigation to the people's Court directly.
Has filed a lawsuit, the health administrative department or the Medical Commission is no longer accepting applications for has been accepted, shall terminate the mediation, and transfer relevant information as appropriate. 22nd article establishing the medical liability insurance system. City, County (city, district) administrative departments of public health organizations within their respective jurisdictions in public medical institutions in medical liability insurance and other medical institutions to encourage and support participation of medical liability insurance. Encourage patients to participate in medical responsibility insurance.
Insurance schemes, insurance and medical liability insurance premium rates, according to the relevant laws and regulations and the economic and social reality, determined by medical institutions and insurance enterprises. Insurance costs from the operational costs would be covered by, and according to the provisions included in the costs of medical care.
Medical institutions shall not participate in the medical liability insurance and to increase the existing fees or de facto increase the burden on patients.
23rd medical institutions shall promptly inform the medical liability insurance company related to disputes between doctors and patients case to protect insurers in doctor-patient dispute investigation to verify the rights, according to the medical liability insurance contract claim information provided. 24th as mediation of disputes between doctors and patients, doctors and patients both parties shall abide by and perform the mediation agreement.
Medical liability insurance company in the mediation agreement determines the amount of compensation within the limits of liability and insurance, according to the medical liability insurance contract, the insurance liability medical institutions.
Both parties and the medical liability insurance company deems it necessary, May 30th after the effective date of the mediation agreement together to the Court for judicial confirmation, the Court recognizes that an effective mediation agreement, judicial enforcement. 25th medical liability insurance underwriting agencies specialized agencies shall establish a doctor-patient dispute claims, in time to attend the Medical Commission the mediation activities of the Organization at all levels.
Compensation of more than 10,000 yuan, should be involved in dealing with medical disputes. 26th article of doctor-patient dispute in consultations of the parties reached a settlement, the Medical Commission conciliation agreement, mediation or court to make a judgement, the medical institution shall promptly comply with compensation obligations, medical liability insurance company shall, in accordance with medical liability insurance contract to pay compensation in a timely manner.
Did not participate in the medical institutions of medical liability insurance shall be in accordance with the agreement or judgment to meet compensation obligations.
27th health administrative departments and their staff, medical institutions and personnel in violation of the regulations, in accordance with the People's Republic of China medical practitioners Act, regulations on the handling of medical accidents, such as laws and regulations to deal with it.
28th medical institutions do not develop disposal plans of doctor-patient dispute, the public health Administrative Department shall be ordered to correct, if the circumstances are serious, the persons in charge and other personnel shall be subject to punishment.
29th patients have one of the following acts, shall be subject to punishment by public security organs, constitute a crime, criminal responsibility shall be investigated in accordance with law:
(A) the mob occupied hospitals or medical offices, affray and intentionally damaging public or private property, serious interference with normal order;
(B) the insults, threats, intimidation, intentional injury medical personnel or unlawful restriction of medical workers and their relatives freedom, interfere with their normal work and life;
(C) hang banners in a medical institution, set up mourning, burn paper money, placed wreaths, putting up posters, flyers and other, affect the normal environment of the outpatient department, Ward;
(D) refuse to move bodies out of medical institutions, or the threatening of body persuaded invalid;
(E) Rob patients, medical instruments or medical institutions, as well as medical evidence associated with the medical disputes (such as medicines, sanitary materials and medical devices), persuaded invalid;
(Vi) to illegally carry inflammable and explosive dangerous goods and control apparatus entered the medical institutions;
(G) intentionally damage or theft within the medical institutions, plunder of public or private property;
(VIII) other acts that disturb the normal order of medical institutions, if the circumstances are serious.
Article 30th public security, health, judicial and other organs in dealing with medical disputes in the process, neglects his duties, does not fulfil the statutory obligations, the administrative sanction; if the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
31st news organizations or journalists for truth is not known, the findings have not yet been released as serious unfounded report of doctor-patient dispute, or incite antagonism in the report, causing serious adverse effects and consequences, by relevant departments reported to the relevant national institutions, in accordance with the relevant provisions of the State.
Article 32nd Ambassador Han troops and armed police medical institutions handling medical disputes, in accordance with the measures implemented. 33rd article this way come into force December 1, 2013.
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