(Adopted at the 11th ordinary meeting of the People's Government of South and Southch on 27 August 2011 by Decree No. 144 of 19 November 2011, Publication, effective 26 December 2011)

Chapter I General

Article 1, in order to prevent and deal with medical disputes, protect the legitimate rights and interests of the medical victims, preserve the medical order, develop this approach in line with the provisions of the People's Mediation Act of the People's Republic of China, the People's Republic of China Act on Violations of Human Rights, the State Department's Medical Accident Control Regulations.

The medical disputes referred to in article II of this approach refer to disputes arising from the perceptions and responsibilities of medical institutions and their medical personnel with patients and their close relatives with regard to medical acts and outcomes and their causes.

Article 3. Prevention and treatment of medical disputes within the city's administration is applicable.

Article IV Prevention and treatment of medical disputes should uphold the principles of prevention as the primary, mediation priorities, fairness, timeliness and treatment.

Article 5 is the responsibility of the municipal health authorities to guide, monitor the prevention and treatment of medical disputes by all municipal health institutions; and the district, district health authorities are responsible for guiding, overseeing the prevention and treatment of medical disputes within the current administration.

The executive branch of the judiciary is responsible for providing guidance on the mediation of the people of medical disputes.

The Public Security Agency is responsible for investigating the disruption of the normal medical order and overseeing and guiding the internal defence of medical institutions.

The areas of correspondence, civil affairs and finance should be designed and processed in accordance with their respective responsibilities.

Article 6. The patient's unit and the People's Government of the patient's place of residence (zone) and communes (communes), street offices, village (community) committees should be synchronized with the prevention, treatment of medical disputes.

Article 7. The establishment of the People's Conciliation Commission for Medical Disputes (hereinafter referred to as the Medical Consultative Chamber) is responsible for the popular mediation of medical disputes in the present administration, with funding for its work and the cost of subsidies for people mediators.

Medical disputes are not charged with any fees.

Article 8. Public health institutions should participate in the medical liability insurance in accordance with the relevant provisions and advocate for the participation of other medical institutions in the medical liability insurance.

Chapter II Prevention

Article 9. Health authorities should regulate access to the health-care institutions in accordance with the law, strengthen the supervision of medical institutions and their medical personnel, and promote health institutions to improve the quality of medical services and to secure medical safety.

Article 10 Medical institutions should strengthen management and improve the level and quality of medical services, in accordance with the relevant laws, regulations and regulations.

Article 11. Medical institutions should establish systems for the monitoring and evaluation of the quality of medical care, the system of communication between health patients, the security accountability system, and the system for the prevention and treatment of medical disputes, such as the system of accountability for medical personnel.

Medical institutions should set up reception facilities with specialized personnel, receive counselling and complaints from patients or their close relatives.

Article 12 Medical institutions should develop medical dispute response scenarios and report on the location's health authorities and public security authorities.

Article 13 Medical institutions and their medical personnel should, in their medical activities, adhere to the health-management laws, regulations, regulations and therapeutic care norms, customs and regulations, and adhere to the following provisions:

(i) Respect for professional ethics, care, respect for patients and protect the privacy of patients.

(ii) In medical activities, patients should be provided with information on illness and medical measures that require surgery, special inspections, special treatment, and that medical risks, alternative health programmes, etc., should be provided to patients in a timely manner, with their written consent; and that no ill-treatment should be made, the close relatives of the patient should be informed and written consent.

(iii) In emergencies, such as those who are at risk of life, they cannot obtain the advice of the patient or his close relatives, with the approval of the head of the medical institution or the head of its delegation, the appropriate medical measures can be implemented immediately.

(iv) In accordance with the provisions, the material of the disease shall not be concealed, altered, forged or destroyed.

Article 14. The patient and his close relatives shall comply with the following provisions:

(i) Compliance with the management system of medical institutions;

(ii) If ill-treatment is made available to medical personnel, in collaboration with medical personnel for inspection, medical treatment and care, and in accordance with the request for written and informed consent;

(iii) Payment of medical expenses in accordance with the provisions;

(iv) Objections to medical behaviour and express opinions and demands by law.

Chapter III Disposal

When a medical dispute arises, the medical body shall be disposed of in accordance with the following provisions:

(i) Organizing expert meetings or discussions on the medical conduct of disputes and will inform patients or close relatives of the views discussed.

(ii) Contain and envelope information on the ground and related illnesses with patients or their close relatives.

(iii) The death of the patient within the medical institution should be immediately removed from the body or from other statutory morgue sites; close relatives of the deceased have no objection to the cause of death or have been unable to determine the causes of death, with the consent and signature of the relatives of the deceased.

(iv) To inform patients or their close relatives about the treatment of medical disputes, to respond to advice and questions from patients or their close relatives, to direct patients or their close relatives to resolve their disputes under the law, and to consult with the parties to resolve medical disputes and to inform patients or their close relatives that they give up to three representatives.

(v) Participation in medical liability insurance, such as the provision of medical disputes to health-care insurance institutions.

(vi) The handling of medical disputes requires the commencement of emergency disposal scenarios and the adoption of appropriate measures in accordance with the provisions of the advance case to prevent the expansion of events.

When a medical dispute arises, the health-related parties should consult to resolve the matter, consult the undesirable consultations and apply for medical mediation or other legitimate solutions.

More than 20,000 dollars of compensation shall not be dealt with by public health agencies themselves.

Article 17 patients and their close relatives and other persons have one of the following cases, and medical institutions should immediately report to the local public security authorities and report to the health authorities in a timely manner, as required:

(i) Size medical institutions for treatment, office space;

(ii) Dispatient treatment in medical institutions, office space La, cranes, burning of paper, swing circles, distribution of leaflets, posters and blocking of medical channels;

(iii) To deny the removal of the body to be too flat or other statutory morgue sites, which, inter alia, disrupt the suspension of the body in public places of medical institutions and impede the treatment of the authorities in accordance with the provisions;

(iv) The seizure of material and evidence relating to medical disputes;

(v) Dishumation, threats, intimidation, peripheral attacks, beating medical personnel or unlawful restrictions on the liberty of medical personnel;

(vi) Damage to medical, medical and other medical facilities;

(vii) Other practices that disrupt the normal medical order.

Article 18 The public security authorities should be treated in accordance with the following provisions:

(i) Immediately organize police strengths to go to the field;

(ii) Undertake educational evacuations to persuade them to address the normal medical order through legal means, such as the mediation of health clinics;

(iii) The denial of counselling should take mandatory measures, in accordance with the law on the ground, to put an end to the outbreak and restore normal medical order.

The public security authorities should develop programmes for the handling of medical disputes.

Following reports of medical disputes received by the health authorities, medical institutions should be guided to take immediate and effective measures to dispose of them, to carry out on-site guidance, to coordinate their disposal, to guide the treatment of medical disputes by both parties in accordance with the law, and to prevent the expansion of events, and to report to the people of the location (zone) in a timely manner.

Article 20 of the People's Government of the District (zone) should take timely measures to initiate medical disputes in accordance with the law and to harmonize the process of managing medical disputes.

Relevant departments and units involved in the handling of medical disputes should be subject to a uniform command and perform their respective duties, in accordance with the provisions of the medical dispute response.

Article 21 patients and their close relatives and associated personnel shall cooperate actively with the assignment of persons to the medical dispute sites for evacuation, treatment and repatriation.

Chapter IV Mediation

Article 2 The Medical Service should establish and publish a roster of people mediators.

People's mediators should be dispatched, well-established, with medical or legal expertise and experience in the mediation of the people, and be keen to work with the people.

Article 23 provides for medical mediation of medical disputes, which are in compliance with the conditions of admissibility, shall be admissible within three working days; incompatible with the conditions of admissibility, written notification of the parties and reasons.

After receiving mediation requests, it should be informed of the rights and obligations of both parties in mediation activities.

Article 24 requests for mediation of medical disputes are one of the following cases, which are inadmissible; mediation has been accepted and terminated:

(i) The parties of one party reject the mediation;

(ii) The prosecution of the party to the People's Court;

(iii) The party has applied to the health authorities for administrative handling of medical accidents;

(iv) Disputes arising from illegal medical care;

(v) The parties choose other legitimate ways to resolve.

To put an end to mediation, the parties should be notified in writing and justified.

Article 25 Upon receipt of a medical dispute mediation request, it may designate one to five people mediators to conduct mediation or to select one to five people mediators in the roster of people mediators.

The parties have the right to make a request for evasion to the people mediator.

The parties may authorize lawyers or other agents to participate in mediation activities, and the author shall submit a letter of authorization to the Medical Coordination Board.

Article 26 Medical consultations should be organized to investigate, verify and assess the facts and circumstances of the parties, within seven working days from the date of receipt of requests for mediation in medical disputes.

In the course of the mediation of medical disputes, people mediators need access to medical information, advice to the persons concerned or queries, and the relevant units and personnel should be synchronized.

Article 27, which is governed by a medical consultation process, should produce conciliation agreements. The letter of mediation agreement shall be signed by the parties, by means of a chapter or by reference, with effect from the signature of the People's Mediator and the incorporation of the Médecins.

The mediation agreement under the law is legally binding and the parties should be implemented in accordance with the mediation agreement.

ITU should monitor the implementation of mediation agreements and urge parties to comply with their agreed obligations.

Article 28 mediation of medical disputes shall be completed within 30 working days of the date of receipt. Owing to the need for extension of the mediation period in special circumstances, the ITU and the parties may agree on an extension period; beyond the agreed time frame to reach a mediation agreement, it should be terminated.

The second article, following a mediation agreement between the Medical Coordination Board, is considered necessary by the parties to apply for judicial recognition to the People's Court jointly within 30 days of the entry into force of the mediation agreement.

The People's Court, in accordance with the law, recognizes the effectiveness of mediation agreements and the parties refuse to perform or do not fully, and the parties may apply for enforcement to the People's Court.

The People's Court, in accordance with the law, confirms that mediation agreements are null and void and that the parties may, through a medical consultation, change the original mediation agreement or enter into a new mediation agreement, may also sue the People's Court.

Article 33 requests for mediation by medical patients, and medical institutions should communicate to the relevant medical liability insurance institutions in a timely manner. After the notice of the medical facility received by the Medical Responsibility Insurance Agency, the liability for compensation insurance should be assumed on time and in accordance with the agreement of the medical liability insurance contract.

Chapter V Legal responsibility

In violation of this approach, medical institutions and their medical personnel have one of the following acts, which are rectified by the responsibility of the health authorities; in the case of serious circumstances, the responsible supervisors and other persons directly responsible are treated by law:

(i) The establishment of a system for the prevention and treatment of sound medical disputes in accordance with the provisions;

(ii) The development of pre-removal cases for medical disputes in accordance with the provisions;

(iii) Not to communicate patients' morbidity, medical measures and medical risks in accordance with the provisions;

(iv) Unless the patient or his close relatives agree to perform the operation, special inspections, special treatment;

(v) No medical material is written in accordance with the provisions;

(vi) After the occurrence of medical disputes, no pre-emption or disposal of emergency treatment is required;

(vii) Not to report medical disputes to health authorities in accordance with the provisions;

(viii) Other acts punishable by law.

In violation of this approach, the patient or his close relatives and the persons concerned have one of the following acts, which are punishable by law by the public security authorities; which constitutes an offence and are held criminally by law:

(i) Size medical institutions for treatment, office space;

(ii) Dispatient treatment in medical institutions, office space La, cranes, burning of paper, swing circles, distribution of leaflets, posters and blocking of medical channels;

(iii) To deny the removal of the body to be too flat or other statutory morgue sites, which, inter alia, disrupt the suspension of the body in public places of medical institutions and impede the treatment of the authorities in accordance with the provisions;

(iv) The seizure of material and evidence relating to medical disputes;

(v) Dishumation, threats, intimidation, peripheral attacks, beating medical personnel or unlawful restrictions on the liberty of medical personnel;

(vi) Damage to medical, medical and other medical facilities;

(vii) Other practices that disrupt the normal medical order.

In violation of this approach, the People's Mediator has one of the following acts in the mediation of medical disputes, which is criticized by the Medical Consultative Board for education, reordering orders and, in the event of serious circumstances, dispensation or dismissal by law:

(i) In favour of a party;

(ii) To insult the parties;

(iii) To request, receive or benefit from other unjustifiable interests;

(iv) Disclosure of personal privacy and commercial secrets of the parties.

In violation of this approach, the sectors such as health, the administration of justice, public security, and the relevant districts (zones) and communes (communes), the Government of the People's Government, the Street Office, the Village (NL) Commission and its staff members play a role in the prevention and treatment of medical disputes, abuse of authority, provocative fraud, and the legal disposition of responsible supervisors and other direct responsibilities; and the criminal liability of the responsible persons.

Annex VI

Article 55 of this approach is implemented effective 26 December 2011.