(Act No. 214 of 22 January 2010 of the People's Government Order No. 22 February 2010)

Chapter I General

Article 1 provides for the timely and efficient resolution of medical disputes, the containment of inter-ethnic incidents arising from medical disputes, the maintenance of normal social order, the establishment of harmonious societies and the protection of the legitimate rights and interests of the health providers, and the development of this approach in line with national laws, regulations and regulations.

Article 2 deals with medical disputes involving medical institutions and family planning technical services in Chhensan (hereinafter referred to as medical institutions) and applies this approach.

Article 3 deals with medical distress referred to in this approach refer to disputes arising from the perception of medical institutions and their medical personnel in the course of medical treatment, prevention, health care, etc.

Article IV dealing with medical disputes should be guided by the principle of territorial management, mediation priorities, objectivity and impartiality and rapid efficiency.

Article 5 The health administration should be able to deal with medical disputes within the purview of its duties, in accordance with the provisions of the laws and regulations such as the Law on the ruling of the People's Republic of China, the People's Republic of China's Medical Accident Control Regulations.

Article 6. The administration of justice should promote the establishment of a mediation body for medical disputes and the management of medical disputes.

Article 7. The Public Security Administration shall deal, in accordance with the law, with security incidents arising from various medical disputes, maintain normal social order and guarantee the physical and property security of citizens.

Article 8. Medical institutions should develop pre-emptions to deal with medical disputes, establish mechanisms for the prevention of treatment of medical disputes, conduct professional technical training for medical personnel and enhance the operational level of medical personnel.

Article 9. Medical institutions should be involved in the insurance of the responsibility of the medical profession. The health administration should encourage medical institutions to participate in the health-service liability insurance.

Chapter II Mediation of medical disputes

Article 10 shall include medical disputes in the scope of their work, establish a medical dispute mediation room in the streets or establish a medical dispute mediation room within the main medical institutions of the Territory (hereinafter referred to as “the medical clinic”.

Article 11

The health administration should cooperate with and assist the People's Mediation Commission in the recruitment, management and training of medical mediators.

Article 12. In cases of medical disputes, medical institutions shall apply for mediation in a timely manner to the medical clinic in their respective jurisdictions, and may apply for mediation to medical clinics in their own jurisdictions.

After receiving a request for mediation, the medical clinic should be reviewed in line with the scope of the people's mediation case and should be promptly admitted and, in a voluntary manner, a letter of mediation of medical disputes was made available to both parties to clarify the rights, obligations and the duration of mediation.

The health administration should receive and facilitate timely mediation.

Article 13. In the process of mediation of medical disputes, the number of participants of both health patients should not exceed three.

Article 14. Mediation reached an agreement that, following the signature of the medical parties, the medical clinic shall produce a written letter of the popular mediation agreement and transmit it to the medical parties.

The letter of the popular mediation agreement came into force with both parties, and the medical victims should be respected.

Article 15. Mediation cannot reach an agreement, and the medical clinic shall communicate in writing and guide the parties to resolve disputes through arbitration or litigation.

Article 16

(i) Instruction in private fraud and misleading;

(ii) To humiliate, suppress and combat reprisals against the parties;

(iii) Disclosure of the privacy of the parties;

(iv) To accept the parties' requests for hospitality or delivery.

Article 17 Medical mediation shall not be charged to health-related parties. The provision for medical consultations is implemented in accordance with the relevant national provisions.

Chapter III Arbitration and litigation of medical disputes

No organization or individual interference may be interfered with by the fact that the medical treatment dispute is prosecuted by law to the People's Court or applied to the Arbitration Commission.

The arbitration agreement was reached by the medical parties in accordance with the provisions of the arbitration law and any party made an application for arbitration and the Arbitration Commission should be admissible.

Municipal Governments should improve the mechanisms for the arbitration of medical disputes by the Arbitration Commission in accordance with the law.

Article 19 The Arbitration Commission is required to investigate the evidence to the medical institutions in the course of the arbitration of the medical crisis, and the medical institutions should cooperate actively.

Article 20 allows both medical patients to carry out medical accident technical identification in relation to whether medical acts by medical institutions constitute medical accidents.

Both health-related parties did not agree on medical accidents, and the Arbitration Commission or the People's Court could entrust the judicial accreditation body with legal judicial recognition.

Article 21, the choice of arbitration or the means of litigation to resolve disputes and the difficulty of living, may apply for legal assistance and the legal aid sector should be supported by law.

Chapter IV Legal responsibility

Article 2 liability should be borne by medical institutions in medical disputes, which have been involved in the medical operation liability insurance and in accordance with the conditions of compensation provided for in the insurance contract, the insurance company shall be compensated by law; the non-participated in the responsibilities insurance for the medical operation shall be compensated promptly by the medical agencies.

In one of the following cases, the health administration should hold the responsibility of medical institutions and their principals and those responsible directly:

(i) The absence of a Pre-Conference on Medical Disputes, the prevention of incapacity and the timely disposal and the serious consequences;

(ii) Inadequate and uncoordinated efforts in dealing with medical disputes, resulting in mediation, arbitration and suitability;

(iii) Failure to fulfil liabilities in a timely manner, resulting in a contradictional laser;

(iv) Other offences relating to medical disputes.

Article 24 of the Convention on the Elimination of All Forms of Discrimination against Women

(i) The occupation of medical institutions for therapeutic treatment or office, the entry of the peripheral medical institutions and other disturbances of the order of medical institutions, rendering work, medical treatment that cannot be carried out properly;

(ii) Theft, seizure of medical facilities and other medical documents;

(iii) The practice of retaining medical institutions, persons with disabilities, persons with disabilities, persons living in institutions that cannot be self-sused and other dependents who have no independent life;

(iv) Near relatives of non-medical parties or patients to organize, instigate and coerce other persons to deal with medical disputes.

Article 25

Chapter V

Article 26

Article 27 of this approach is implemented effective 22 February 2010.