(Adopted at the 49th Standing Committee of the People's Government of the Citizens on 21 February 2011, No. 174 of 22 February 2011, by Decree No. 174 of 22 February 2011, issued since 1 April 2011)

Chapter I General

Article 1, in order to effectively prevent and properly dispose of medical disputes, to maintain a normal medical order, to guarantee the legitimate rights and interests of patients and medical institutions and their medical personnel, and to develop this approach in line with the provisions of relevant laws, regulations, such as the People's Mediation Act of the People's Republic of China.

Article 2

Article 3. Medical disputes referred to in this approach refer to disputes arising from the perceptions and responsibilities of the medical authorities and their medical personnel for inspection, medical treatment, care and results and their causes.

The treatment of medical disputes should be guided by the principles of prevention of ownership, the rules of disposal, the timely transfer of people and territorial management.

Article 5 The health administration should carry out its oversight responsibilities to health-care institutions in accordance with the law and guide the monitoring and disposal of medical institutions for medical disputes.

The administration of justice should strengthen, in accordance with the law, the direction of the work of the people of medical disputes in mediation.

The insurance supervisory body should strengthen the supervision of the medical liability insurance by law.

Public security authorities should strengthen the security management of medical institutions, maintain normal medical order and deal with destabilization of medical order by law.

Article 6. The media should respect the provisions of the relevant laws, regulations, adhere to professional ethics, objectively and impartially cover medical disputes and correctly guide social opinion.

Article 7.

Article 8. Establishment of the Commission for the Mediator of the People of Medical Disputes at the municipal and district levels (hereinafter referred to as “the Medical Consultative Committee”), which is responsible for the mediation of people in urban and district (market) medical disputes and receives operational guidance from the local administration of justice. The ITU mediation of medical disputes does not collect any costs, which are guaranteed by the current level of finance.

The rules for mediation of medical disputes are established by the Medical Consultative Committee in accordance with the relevant provisions of the People's Mediator Act and this approach, and are presented in the same judicial administration.

Chapter II Prevention

Article 9. The health administration should regulate access to health-care institutions, enhance monitoring and management of the operation of medical institutions and improve the quality of medical institutions and medical services.

Article 10 Medical institutions should establish sound health-care safety responsibilities, medical quality control and evaluation, medical transmission, medical accident accountability, and medical dispute disposal scenarios, in accordance with the relevant laws, regulations and regulations.

Medical institutions should arrange reception sites with specialized personnel to receive counselling and complaints.

Article 11. Medical personnel shall comply with the following provisions:

(i) Compliance with health laws, regulations, regulations and technical norms;

(ii) Respect for professional ethics, care, respect for patients and protect the privacy of patients;

(iii) Efforts to research and update knowledge and increase the level of professional technology;

(iv) In the course of the treatment, patients should be informed of the sick and medical measures that require the operation, special examinations, special treatment, and that medical risks, alternative health programmes, etc., should be provided to patients in a timely manner, and that their written consent should not be provided to patients, and that close relatives of patients should be informed and given their written consent;

(v) In emergencies such as those who are at risk of life, they cannot obtain the advice of the patient or his close relatives, and, with the approval of the medical agency head or the authorized head, may immediately implement the corresponding medical measures;

(vi) In accordance with the provisions, medical material shall not be concealed, forged or destroyed as well as related items and information.

Article 12

(i) Compliance with the regulations of medical institutions;

(ii) If ill-treatment is made available to medical personnel, in collaboration with medical personnel for diagnosis, treatment and care, and in accordance with the request for signature of relevant written information;

(iii) Payment of medical expenses as prescribed;

(iv) After a medical dispute, opinions and requests are expressed by law.

Article 13. Public health institutions should participate in medical liability insurance and non-public medical institutions can voluntarily participate in medical liability insurance.

The municipal health administration can identify insurance agencies that are insured with medical liability insurance by soliciting tenders or otherwise.

The cost of attendance is charged from the operational requirements of the medical institutions, which are required to be taken into account for the costs of medical institutions, and the medical institutions shall not increase the burden of the patient due to participating in the medical liability insurance.

Article 14. Public security authorities should guide the enforcement of the security-protection regime, measures and policing in accordance with the relevant provisions of the law.

Chapter III Reports and disposal

When a medical dispute arises, medical institutions should report to the local health administration on a timely basis, trigger medical disputes disposal scenarios and dispose of the following procedures:

(i) The timely organization of hospital expert meetings to inform patients or close relatives;

(ii) In the event of the joint presence of the health-related parties, in accordance with the Medical Accident Control Regulations, the physical and related medical information is provided;

(iii) Deaths of patients within health-care institutions, by stipulating that the body should be removed from the ACP or the mail. The health-related parties cannot determine the causes of death or be contested by the medical accident treatment regulations;

(iv) To inform patients or close relatives of the methods and procedures relating to the treatment of medical disputes and to respond to counselling and questions from patients or close relatives;

(v) The patient or close relatives of the patient and other persons seriously disrupt the order of medical work and, in a timely manner, inform the local public security authorities;

(vi) Participation in medical institutions for medical responsibility insurance, and the provision of medical disputes to health-care insurance insurance institutions should be made as appropriate;

(vii) Upon disposal, reports on the disposal of medical disputes are submitted to the health administration, such as the actual reflection of the occurrence of medical disputes and the investigation, processing.

Article 16, after having received reports of medical disputes, the health administration should be responsible for immediate and effective measures by medical institutions and, if necessary, to carry out on-site guidance, to coordinate the handling process and to direct parties to resolve medical disputes properly by law.

Article 17, after a police officer who has received a serious disturbance of the medical order, police officers should be given prompt and legally disposed of.

When a medical dispute arises, the parties may consult themselves to resolve or apply for mediation to the Medical Consultative Committee at the location of the medical institution or apply to the health administration for administrative handling of the medical accident dispute or to bring proceedings before the People's Court.

More than $20,000 in the amount of medical disputes claims, public health agencies may not consult themselves, and patients and their close relatives should be informed that they may be mediated by local medical boards or that they apply to the health administration for administrative processing of medical accidents or to the People's Court of Justice.

Article 19, medical disputes arising from malmedical reactions or adverse medical devices, should be paid by medical institutions to the injured party in accordance with the findings.

After paying compensation payments by medical institutions, payments may be made to producers, operators of medicines or medical devices, in accordance with the law.

Chapter IV Conciliation and compensation

Article 20

(i) Mediation of medical disputes;

(ii) Promote relevant legal, regulatory, and medical knowledge through mediation;

(iii) Reports on medical disputes and mediation efforts to sectors such as health, the administration of justice;

(iv) Analyse the causes of medical disputes and make observations and recommendations to medical institutions for the prevention of medical disputes;

(v) Provision of advisory services on mediation of medical disputes.

Article 21 mediators of the Medical Consultative Commission should be good, have medical, legal expertise and experience in mediation and focus on the mediation of medical disputes.

Article 2 should establish an expert pool composed of experts, such as medical, pharmaceutical and legal, to provide technical advice for investigations, assessments and mediation of medical disputes.

Article 23 requests for medical dispute mediation by the Medical Consultative Committee to the parties are in accordance with the conditions of admissibility and should be admissible within three working days; inadmissibility, written notification of the parties and reasons.

After receiving conciliation requests, the ITU should inform the parties of their rights and obligations in mediation activities.

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

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

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

(iii) The party's refusal to mediate the mediation;

(iv) There has been no mediation agreement between the Medical Coordination Committee and the parties have once again applied for mediation;

(v) Disputes arising from illegal medical care;

(vi) Other cases provided for by law, regulations and regulations.

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

Article 25: The mediator has one of the following cases and should be avoided, and the parties have the right to make requests for evasion to the Medical Committee:

(i) Near relatives of the parties or parties, agents;

(ii) Facilitating relations with medical disputes;

(iii) Other relations with parties, agents may affect fair mediation;

(iv) Accelerate by the parties, agents.

Article 26, after receiving medical disputes conciliation requests, the health-related parties may designate a mediator in the list of ITU mediators and co-design a Chief Mediator to form a medical dispute mediation team; the medical mediator is not appointed by the parties or is unable to co-design a Chief Mediator to be appointed by the Medical Consultative Committee; the parties should be replaced.

The parties may authorize lawyers and other agents to participate in mediation activities, entrust the agents with engaging in mediation activities, and the author should submit a letter of authorization to the Medical Committee.

Article 27 shall organize investigations, verification, assessment, at the request of the parties, within seven working days from the date of the application for mediation of medical disputes. The technical identification of medical accidents needs to be carried out and the parties should be informed of the application of medical accident technical identification.

In the course of medical disputes mediation, the parties to the medical treatment should provide the medical clinic with evidence, such as diagnosis, treatment, identification of conclusions, and proof of material.

The twenty-eighth medical disputes settled by mediation should be developed. The letter of mediation agreement is entered into force by the signature of the parties, the Gay chapter or by reference, by the signature of the mediator and by the Gai Medical Council.

The mediation agreement reached by law should be carried out by both parties.

Article 29 shall be closed within 30 working days of the date of receipt of the request for mediation. Due to the special circumstances, the duration of mediation may be extended for a further 30 working days, with the consent of the parties, and the period beyond which mediation agreements have not been reached is considered as mediation.

Article 33 Medical liability insurance institutions may participate in medical disputes mediation and assist the Medical Advisory Committee in the process of admissibility, investigation, assessment and compensation for medical disputes.

Article 31, an agreement agreed by the parties with medical care and conciliation agreements concluded by the Medical Consultative Commission, shall serve as a basis for the payment of compensation for the medical liability insurance institutions. Medical liability insurance insurance institutions should pay compensation within 10 working days of the date of application for compensation, in accordance with the insurance contractual liability.

Medical liability insurance insurance institutions do not pay compensation within 10 working days, and medical institutions should pay advance. The medical institutions may, in accordance with the law, seek compensation from the medical liability insurance institution.

Chapter V Legal responsibility

Article 32, in violation of this approach, provides that the members of the executive organs misuse their functions, play a role in the handling of medical disputes, favouring private fraud, are treated in accordance with the law, and that criminal responsibility is brought in accordance with the law.

In violation of article 10, article 15, paragraphs 1, 2, 3, 4, 7 and article 18, paragraph 2, of the scheme, the medical agency is subject to a fine of up to $100,000 for the period of time being transferred by the health administration.

In violation of this approach by medical personnel, one of the following acts is punishable by law by the health administration, which constitutes a crime and is criminally liable by law:

(i) In violation of the health administrative regulations or the technical operating arrangements, which have serious consequences;

(ii) Disponsibilities and delays in the rescue and treatment of severely affected patients;

(iii) Exonymous, forged or unauthorized destruction of medical instruments and information.

Article XV, close relatives of patients and other persons have one of the following acts, punishable by the public security authorities in accordance with the Law on the Safety and Security of the People's Republic of China; constitutes an offence punishable by law:

(i) Consistency in medical institutions for medical treatment or office and disrupt the order of medical institutions;

(ii) To deny, block the relocation of the body to too-wise, to suspend the body or to influence the normal life and work order of medical personnel owing to the suspension of the body;

(iii) Exclusive acts such as arsenal, ventilation, posting of scripts, swing circles, burning of paper, sealing of doors by government agencies or medical institutions;

(iv) Obstacles the medical profession in accordance with the law, insults or fabrication of defamation of medical personnel and medical institutions, threats, beating medical personnel and medical agency managers, or violate the personal freedom of medical personnel and medical institutions, and disrupt the normal work and life of medical personnel;

(v) deliberately destroy the equipment, property and material of medical institutions.

Annex VI

Article XVI provides for the implementation of the scheme in the light of the medical disputes that have occurred in the administration of the city, the family planning service.

Article 37