Prevention Of Medical Disputes In Hunan Province And Solutions

Original Language Title: 湖南省医疗纠纷预防与处理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201301/20130100380309.shtml

Prevention of medical disputes in Hunan province and solutions

    (October 30, 2012, Hunan provincial people's Government, the 117th Executive meeting November 20, 2012 order No. 263 of Hunan province, announced February 1, 2013) Chapter I General provisions

    The first in order to effectively prevent and handle medical disputes, protecting the legitimate rights and interests of the patient, maintaining order, in accordance with the relevant laws and regulations, combined with the facts of the province, these measures are formulated.

    Second medical disputes in these measures refers to parties for medical doctors and patients dispute.

    Article medical institutions within the administrative area of the province of medical disputes prevention and treatment, these measures shall apply.

    Article fourth medical disputes prevention and treatment should follow the territorial management, prevention, law, the principle of objectivity and fairness.

    V people's Governments at various levels shall strengthen the medical disputes prevention and dealing with the leadership, establishing coordination mechanism of medical disputes prevention and treatment work, coordinate and solve major problems in medical disputes prevention and treatment work.

    The sixth people's Governments above the county level health administrative departments shall guidance, coordination, supervision of medical disputes prevention and treatment work in medical institutions.

    Public security organs shall safeguard the people's Governments above the county level medical institutions of law and order, strengthen internal security work in medical institutions of supervision and guidance, promptly investigate and deal with acts that violate the administration of public security.

    Judicial administrative departments should strengthen the people's Governments above the county level to guide the work of people's mediation of medical dispute, give full play to the people's mediation system of resolving medical disputes and promoting social harmony and stability.

    Petition the people's Governments above the county level, home, finance and other departments shall, in accordance with their respective responsibilities to medical disputes prevention and treatment work.

    Article seventh people's mediation system of medical disputes. People's mediation committees should be set up, where the medical institutions of the people's mediation committees of medical disputes.

    Medical dispute the specific organization of people's mediation committees, disputes the scope of acceptance, conciliation procedures, the provincial governments for the administration of Justice in conjunction with the health Administrative Department under the People's Republic of China people's mediation law. Medical disputes in medical dispute mediation committee mediation shall not charge any fee.

    The work requirements, people's mediators work allowance, mediation in the workplace and facility arrangements by the County Finance and manpower.

    Eighth to encourage the medical liability insurance system.

    Support insurance companies offer medical liability insurance.

    The people's Government above the county level health administrative departments shall encourage, guide healthcare institutions cover the medical liability insurance. Medical liability insurance costs included in the operating costs of medical institutions.

    Medical institutions shall not cover the medical liability insurance of medical charges standard or de facto increase the burden on patients.

    Nineth Hospital Association, the Medical Association and other industry associations should strengthen industry self-regulation, guidance, medical institutions and medical staff to enhance the construction of medical ethics and improving the level and quality of medical services.

    Tenth levels of people's Governments and relevant departments of the people's Governments above the county level shall strengthen health law and regulation publicity and general medical health education, guide the rational treatment of medical risk to the public.

    News media should abide by professional ethics and objective and impartial coverage of medical disputes, the correct play supervision role.

    Chapter II prevention

    11th people's Governments above the county level health administrative departments should strengthen the medical institutions and medical personnel supervision and management practice, urged medical institutions and medical staff to improve services, improve service quality and guarantee medical security.

    12th medical institutions should strengthen professional ethics education and business training, and establish and improve the medical quality supervision and evaluation system, safety responsibility system and the fault responsibility investigation system.

    13th medical institutions shall establish and improve doctor-patient communication mechanisms, establishment of advisory complaints reception sites, with complaints advisory staff, accept and deal with patients, patients with close relatives or his or her agent's advice, complaint. Consulting complaint handling staff should listen and record of consulting the complainant reflect the situation.

    Complaint records shall be signed or sealed by the complainant to confirm.

    Can spot treatment advice complaints shall be processed on the spot; cannot be processed on the spot, shall be promptly transferred to the appropriate Department or designated personnel processed within the specified time, results from the consultation feedback complaints officer to consult the complainant.

    14th medical personnel in medical activities shall comply with the following provisions:

    (A) compliance with health management laws and regulations, regulations and medical care standards, General.

    (B) abide by the professional ethics of medical service, caring for, loving and respecting patients and protection of patient privacy; illness treatment, reasonable medical treatment, improve service levels, and ensure the quality of health care.

    (C) disclosure to the patient's condition, medical practices, medical risks and so on, patiently answer their inquiries, and pay attention to psychological counseling; informed patients may have adverse consequences, should faithfully inform close relatives of patients or their agents. (D) the need to implement operation, special examination, special treatment and experimental clinical medicine, shall obtain the consent of the patient's written consent cannot or should not be explained to patients should be indicated to the close relatives of patients or their agents, and its written consent.

    Rescue emergencies such as dying patients cannot obtain patients, patients with close relatives or their agents, and approved by the head of the head of the medical institution or authorized, appropriate medical measures could be implemented immediately.

    15th medical personnel in medical activities shall not be any of the following acts:

    (A) execution of medical acts beyond the scope of practice;

    (B) violate medical norms do not necessarily checked;

    (C) concealment, misleading or exaggerated illnesses;

    (D) intentionally using the inappropriate diagnosis and treatment of the disease and drugs;

    (V) alter, conceal, falsify, destroy, abandon medical records;

    (F) receive patient, close relatives or property of their agents;

    (G) to receive medical equipment, medicines, reagents and other production and management enterprises or persons giving rebates or commissions.

    16th medical institutions and medical personnel should be written in accordance with the provisions of the health Administrative Department under the State Council and keep medical records.

    Rescuing patients with acute diseases failed to write medical records in a timely manner, relevant medical personnel should be completed within 6 hours after the end of the rescue, and annotated.

    17th patient, close relatives or their agents have the right to copy or duplicate the hospital records, orders, inspection report records, pathology, nursing, surgery and anesthesia record, medical costs and other medical records of the health Administrative Department under the State Council. Close relatives of patients, patients or their agents request copies or copying medical records provided for in the preceding paragraph, a medical institution shall provide a copy or copy service and stamped with proof marks on the copy or copies of medical records.

    Copy or copy should have the patient, the presence of close relatives or his or her agent.

    Medical institutions should be patient, close relatives or his or her agent requested copy or copies of medical records, in accordance with the criteria set out in provincial government pricing departments charge a nominal fee.

    The 18th patient, close relatives of the patients and their representatives in the medical activities shall perform the following obligations:

    (A) compliance with medical order, respect for medical personnel;

    (Ii) factual presentation of medical personnel history of illness, with the medical staff to carry out the necessary diagnostic, screening, treatment and care;

    (C) pay according to stipulations;

    (D) the forced medical institutions and personnel to not exceed the ability of rescue and scope of practice of medicine;

    (E) the laws, rules and regulations shall fulfil other obligations.

    Chapter III deals with

    19th the people's Government above the county level health administrative departments and medical institutions at all levels should establish and improve the reporting system of medical disputes.

    Major medical disputes, the medical institution shall promptly report to the Administrative Department of health under the County. Administrative Department of public health received reports, should understand the situation in a timely manner, and urged medical institutions to take measures to control the situation and solve the dispute.

    If necessary, the public health Administrative Department shall send representatives to the scene to guide and participate in dealing with medical disputes.

    20th medical disputes major medical institutions should develop contingency plans, and report to the Administrative Department of health under the County and the public security organ for the record.

    Serious effect of medical order or lead to other major incidents of medical malpractice, medical institutions shall activate contingency plans in a timely manner, and to report to the public security organs and the relevant departments. Public security authorities after receiving the report, shall be in accordance with the police force, educational guidance and suppression of violations in a timely manner.

    Other relevant departments under the people's Governments at the corresponding level of medical disputes prevention and treatment working responsibilities under the coordination mechanism to complete the work.

    21st medical disputes in medical institutions shall establish a sound management system.

    Medical institutions shall set up in dealing with medical disputes institutions or with medical staff to settle disputes, clear heads of medical institutions, Department head's responsibility in dealing with medical disputes and medical staff, regulate medical procedures to settle disputes.

    22nd medical disputes, the medical institution shall, where appropriate, take measures to dispose of the following: (A) in dealing with medical disputes and related staff working immediately to receive patients, patients with close relatives or their agents, and listened carefully to their views, and to inform treatment approaches, methods and procedures of medical disputes.

    If necessary, the medical agency heads shall personally receive and listen to their views. (B) together with the patient, close relatives or his or her agent sealing or unsealing medical records and associated on-site, physical.

    Information storage, material kept by medical institutions, shall not be altered, falsify, conceal, destroy, abandon.

    (C) Organization of expert consultation or discussion, analysis and consultation or discussion and opinions inform close relatives of patients, patients or their agents.

    (D) the deaths of patients at medical institutions, within 2 hours of the corpse to the morgue or funeral home; cannot determine the cause of death, a close relative of the deceased or his or her agent objects to the death, in accordance with the provisions of the State Council regulations on the handling of medical accidents postmortem and body disposal.

    23rd patient, close relatives or his or her agent disagrees with the medical action, should adopt legal means to express their views and requirements, shall not be any of the following acts:

    (A) looting, theft, destruction of medical records and archives, looting, destruction of the equipment of medical institutions and facilities;

    (B) insult, libel, threaten, beat medical personnel, limit the freedom of medical personnel, preventing medical staff work or life;

    (C) medical institutions pulling banners, posters or posters, distribute leaflets, make noise, blocking the door, occupies channel, spilled dirt, burning paper money, display Hall, placed a wreath-laying, looting corpses, illegal mortuary;

    (D) other acts interfering with the medical order and violating the administration of public security.

    24th medical disputes, the parties should be the spirit of seeking truth from facts, the principle of fair and reasonable negotiation.

    5 both doctors and patients can have its own elected representatives to participate in consultations.

    Consultation should be at the medical institution's reception venue or place outside medical institutions may not hamper the normal order of medical institutions.

    25th article of doctor-patient consultations the parties cannot solve medical disputes, can be obtained in the following ways:

    (A) apply for a people's Mediation Committee mediation of medical dispute;

    (B) application for public health authorities or other relevant authority;

    (C) applications for health administration medical malpractice disputes administratively;

    (D) to the courts;

    (E) other legitimate means of dispute settlement.

    Medical institutions shall, in its reception sites prominently published medical dispute solutions, procedures and the Administrative Department of public health, and medical disputes Mediation Committee and other relevant bodies of the duties, address, and contact information. Article 26th people's mediation to resolve medical disputes shall apply for a people's Mediation Committee mediation of medical dispute, where the medical institution.

    Can also take the initiative of the people's Mediation Committee mediation of medical dispute. Doctor and patient may appoint a solicitor or other agent involved in the conciliation of the parties.

    Authorized attorney or other agent shall be submitted by the parties to the mediation for medical disputes Committee issued a power of attorney.

    27th medical dispute people's mediation committees to mediate disputes, should adhere to the principle of out analysis, objective and impartial, timely and appropriate manner.

    People's mediators should fully hear the statements of the parties, and patience to explain law and policy, patiently persuade unblocking, the parties on the basis of equal consultation, mutual understanding and mutual accommodation proposed dispute resolution to help voluntary conciliation agreements reached by the parties. Medical dispute in article 28th people's mediation committees to mediate disputes, need access to medical information, advice or ask the experts and of the person concerned, shall cooperate with related units and personnel.

    Need for medical malpractice, it shall notify the parties to apply for medical malpractice.

    Medical dispute mediation Committee and people's mediators on mediation that client privacy and business secrets confidential. 29th medical malpractice mediation agreement reached through conciliation, it shall make the mediation agreement, signed and sealed by the parties or fingerprinted, people's mediators signed and sealed by the medical dispute mediation Committee after the entry into force.

    The parties may 30th after the effective date of the mediation agreement together to the Court for judicial confirmation.

    30th between doctors and patients through administrative mediation, administrative processing of medical malpractice disputes, litigation or other legal means of solving medical dispute, are implemented in accordance with the provisions of relevant laws and regulations. Article 31st medical liability insurance coverage of medical disputes in medical institutions, and shall notify the insured the insurance companies underwriting insurance companies should be involved in activities in dealing with medical disputes.

    Need to claim, the insurance company should be based on the terms of the contract of insurance, paid in a timely manner.

    The fourth chapter legal liability

    Article 32nd does not take seriously its obligations under the relevant departments of medical disputes prevention and management responsibilities, leading to this occurs many times within the administrative area for medical disputes caused by fault in medical institutions, resulting in serious negative social impact, by the competent supervisory organ directly responsible for the personnel and other persons directly responsible shall be given administrative sanctions constitutes a case of accountability, be accountable in accordance with the relevant provisions of the State.

    Article 33rd health Administrative Department violated these rules, any of the following circumstances, by a higher administrative authority or the relevant Department in charge shall command a correction in serious cases, the managers directly responsible and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    (A) found that of medical institutions and medical staff practising violations is not investigated;

    (B) receive medical and administrative mediation, medical malpractice law mediation, handling of administrative processing of application;

    (C) received reports of medical disputes, does not supervise the disposal, resulting in serious negative social impact;

    (D) not to perform supervisory duties, the direct management of medical institutions many times as a result of medical disputes caused by fault in medical institutions;

    (E) other acts of negligence, malpractice, abuse.

    34th public security, administration of Justice, petition, civil affairs and other relevant departments staff in medical disputes prevention and dealing with dereliction of duty, favoritism, abuse of, and shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    35th medical institutions violating these rules, any of the following circumstances by the competent administrative Department of public health shall be ordered to correct serious cases, directly in charge of personnel and other persons directly responsible shall be given administrative sanctions or disciplinary action:

    (A) the management, there is a serious accident, affecting the security of health care;

    (B) without consulting the complaint reception site or do not have Advisory reception staff to receive and process consulting, the complaints;

    (C) without any justified reason, refuses to copy, copy medical records of patients with information or refuse to copy, copies of medical records stamped with proof marks;

    (D) the enactment of medical disputes in emergency and address system;

    (E) the medical disputes, not reported, or failing to activate contingency plans in a timely manner;

    (Vi) not custody, pursuant to the provisions of the sealing or unsealing medical records, physical.

    36th medical personnel in violation of the rules of any of the following acts, by the health Administrative Department in accordance with the People's Republic of China medical practitioners Act and the People's Republic of China pharmaceutical administration law, the nurses regulations of the State Council and other relevant laws and regulations shall be punished:

    (A) in violation of health laws, rules, regulations or medical care standards, General, causing serious consequences;

    (B) disclosure of patient privacy, causing serious consequences;

    (C) without consent of the patient, close relatives or his or her agent, to experimental clinical medical patients;

    (V) alter, conceal, falsify, destroy, abandon medical records;

    (Vi) solicit or illegally patients, patients with close relatives or his or her agent or property;

    (G) seek, illegally accepting medical equipment, medicines, reagents and other production and management enterprises or persons giving rebates or commissions.

    37th article medical institutions occurred medical accident of, by health administrative sector according to state medical accident processing Ordinance give warning, plot serious of, ordered deadline closed reorganization until revoked practice industry license; on has responsibility of medical personnel law give administrative sanctions or disciplinary, and can ordered its suspended 6 months above 1 years following practice industry, plot serious of, law revoked its practice industry certificate, constitute crime of, law held criminal.

    Article 38th patient, close relatives or their agents in violation of the provisions of article 23rd, by the public security organs shall be punished in accordance with law constitutes a crime, criminal responsibility shall be investigated according to law.

    Other used medical disputes, organize and participate in the provisions of the preceding paragraph, in accordance with the provisions of the preceding paragraph.

    39th people's mediators in the mediation of medical dispute in the process of being insincere, engage, solicit or illegally accept property, divulging of personal privacy or commercial secrets, in accordance with the People's Republic of China people's mediation law to deal with it.

    The fifth chapter supplementary articles

    40th within the administrative area of the province's public health institutions and family planning technical service institutions of medical disputes prevention and treatment, these measures shall apply.

    Army, the armed police stationed in Hunan medical disputes prevention and treatment in medical institutions can adopt these measures.

    41st prison and detention facilities, reeducation, reeducation through labor, forced segregation inmates, prisons and other places of medical disputes in medical institutions, by its competent authorities in accordance with the measures.

    Of medical disputes in medical institutions within the ward, and processed by the sector in accordance with the measures set up the wards. 42nd these measures come into force February 1, 2013.