(Adopted by the 36th ordinary meeting of the Government of the city on 6 January 2014, No. 12 of 11 January 2014 by the Supreme People's Government Order No. 12 of 11 January 2014)

Chapter I General

Article 1

In order to protect the legitimate rights and interests of both parties, to maintain the normal order of medical institutions, to prevent and dispose of medical disputes in a timely manner, 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 (Definition)

The medical disputes referred to in this approach refer to disputes between medical institutions and their medical personnel and patients with regard to behaviours such as medical, care.

Article 3

This approach applies to the prevention and popular mediation of medical disputes within the city's administration.

Article IV (Sectoral responsibility)

The executive branch of the judiciary is responsible for guiding the mediation of the victims of the conflict and advancing the normative building of the mediation of the people of the medical dispute.

The public security sector is responsible for guaranteeing the normal medical order of medical institutions and for the timely disposition of offences that disrupt the medical institutions and the order of the people's mediation sites.

The health-care sector is responsible for guiding the establishment of health-care institutions to establish mechanisms for the prevention of medical disputes, leading medical institutions to resolve medical disputes through popular mediation.

Article 5

The Committee for the Mediator of the People of Regions, Regions and Regions (hereinafter referred to as “the Medical Advisory Committee”) is a public-level organization for medical disputes within the administrative area of professional mediation and is guided by the district, district administration of justice.

The ITU mediation of medical disputes does not collect any costs.

The Medical Council is independent in accordance with the law to mediate medical disputes without interference by any organization or individual.

Article 6

The Medical Advisory Committee should hire a full-time and part-time popular mediator in accordance with the number, size and number of medical institutions in the administrative region.

People mediators of the Medical Coordination Committee should be publicized, the people's mediation efforts and expertise such as medical, health management or law.

Article 7

The municipal health-care sector should form a pool of experts for mediation with the municipal administration (hereinafter referred to as “the expert pool”).

The municipal administration should establish counselling procedures and rules with the municipal health-care sector for the people who have suffered from disputes.

Article 8

The municipalities and districts, and the people's governments should provide the necessary office conditions and financial guarantees for the mediation of the health-related people.

The funds required for the operation of the popular mediation of medical disputes, the provision of subsidies, the provision of subsidies for mediators and expert counselling fees are guaranteed by municipal and district, district finances.

The criteria for the subsidy of people mediators and expert counselling fees are determined or adjusted by the Municipal Judicial Administration in accordance with the realities and needs of the city.

Article 9

The health-care sector should lead medical institutions to participate in the medical liability insurance and encourage medical institutions to work in consultation with the health-responsibility insurance (hereinafter referred to as “insurance agencies”) to play a role in the sharing of the risk of medical liability insurance in the mediation process of the health-related people.

The public health agencies in the city should participate in the medical liability insurance and, according to the relevant provisions, the medical risk fund should be used to participate in the medical liability insurance.

Article 10

In accordance with the relevant provisions of the State, the insurance institutions should properly design insurance provisions in accordance with the principle of operation “equity, justice, compliance”, scientific censible insurance rates, enhance the management and risk management of medical liability insurance operations and play an active role in the prevention and treatment of medical risks by medical institutions.

Chapter II

Article 11

The health-care sector should strengthen the supervision of medical institutions and their medical personnel in the performance of their work, and promote health-care institutions and their medical personnel to improve the quality of medical technology and services.

The health-care sector should conduct regular statistical classification, analysis and guidance to health-care institutions on the quality of health-related information in medical disputes.

Article 12

Medical institutions and their medical personnel should carry out operational activities in accordance with the provisions of the laws, regulations, regulations and the regulations governing the treatment of care.

Article 13

Medical institutions should disseminate health-care information in accordance with the provisions of public health services and through a variety of means, to patients and to the public.

Article 14

Medical institutions should develop pre-emptions to prevent and dispose of medical disputes, regularly analyse the causes of medical disputes, prevent the generation of medical disputes and properly address medical disputes.

Medical institutions should establish mechanisms for dealing with medical disputes, receive complaints from patients or their close relatives and provide counselling services.

Article 15

Medical institutions should establish a security-protection system and implement safety-protection measures in accordance with the relevant provisions and in relation to the number of patients, the size of places, the level of hospitals.

Article 16

Medical institutions are required to perform operations, special inspections, special treatments, and medical personnel should be informed by the law to patients or their close relatives on medical risks, alternative health programmes, and have written consent.

Article 17

Medical institutions should keep the patient's hospitalization material and the patient's gate (necessary) medical institutions in custody.

The patient or his close relatives need to be reprinted or replicated, and the medical institutions should be provided in accordance with the relevant provisions of the disease management and include a list and accreditation chapter.

The patient or his close relatives have asked for the release of medical material or on-site in kind, and the parties to the medical care should co-executive the seal. The medical body shall list the list of the items of the existence, which shall be followed by a chapter or signature of the parties to the medical facility.

Article 18

The patient's death within the medical institution should immediately relocate the body to too-wife and be treated in accordance with the relevant provisions, and the patient's family should cooperate.

Article 19

In the event of a medical dispute, medical institutions should designate specialized personnel to respond to the problems of patients or their close relatives and inform the following:

(i) Means of dealing with medical disputes, such as popular mediation;

(ii) Provisions relating to medical material, on-site physical seals and enclaves;

(iii) Reprinted or replicated provisions relating to the medical material.

The death of the patient and the failure of the medical parties to determine the causes of death or to challenge the causes of death should be informed by the medical institutions.

Article 20 (Report)

In the event of major medical disputes, medical institutions should report to the health-care sector in a timely manner.

Article 21

Both parties to the health care should maintain the medical order of medical institutions in accordance with the law.

Prohibition of any unit and individual acts as follows:

(i) The burning of paper money in medical institutions, the building of ventilation, the trajectory, private rabbing, violations of morgues, recreation, peripheral or important entrance-impact personnel;

(ii) Settle in a medical institution;

(iii) The impact or possession of a medical agency office, a medical facility;

(iv) The illegal entry into medical institutions of flammable, hazardous or controlled devices;

(v) humiliation, threat, intimidation, intentional injury to medical personnel or restrictions on the physical liberty of medical personnel or threats to the safety of other personnel;

(vi) The intentional destruction or theft of public and private property within medical institutions;

(vii) Consistency in the transfer of body to a arsenal or mail;

(viii) Other acts that disrupt the normal order of medical institutions.

Article 2 (In-site disposal)

After having received reports of major medical disputes, the health-care services should be urged to take the necessary measures to rescue and deal with them; where necessary, the parties should be assigned to conduct on-site guidance and coordination to guide the parties to deal with disputes through legal means such as popular mediation.

The public security sector should take the following measures in a timely manner to disrupt the normal order of medical institutions:

(i) Undertake educational evacuations to stop the outbreak;

(ii) To deal with offences committed on the ground by law;

(iii) The persons suspected to be in conflict with the law are removed from the scene.

Medical institutions should cooperate with the public security sector in maintaining on-site order.

Chapter III Dispute mediation

Article 23 (Option of mediation)

In the event of a medical dispute, the parties to the medical facility may apply for mediation to the medical board at the medical facility site.

Both health-related parties may apply for mediation either jointly or separately. The parties involved in the disease apply for mediation alone, and public health institutions should cooperate.

The patient requests compensation for more than 30,000 health-related disputes, and the medical institutions should inform them of the possibility that they can apply for mediation and accept mediation with the affected parties.

Article 24

The medical parties may apply in writing for mediation or may also apply orally for conciliation; oral requests for mediation should be made to record the applicant's basic circumstances, the disputed matter and the reasons for the application of mediation.

It was informed that major medical disputes are taking place within medical institutions, and that the ITU should assign people mediators to conduct on-site evacuations and accept requests for mediation by the parties.

Article 25 (Other participants)

The parties may entrust their close relatives, lawyers or grass-roots legal service workers to participate in the mediation of medical disputes. Near relatives, lawyers or grass-roots legal service workers who are entrusted should present close family relations certificates or authorizations; lawyers or grass-roots legal service providers should also present certificates of conduct.

Article 26

The Medical Committee shall be closed within 60 days of the date of the request for mediation by the medical patients. In the light of the need for extension of the duration of mediation in special circumstances, the ITU and the health-related parties may agree to extend the duration of mediation; beyond the agreed time frame, the mediation agreement is not considered as mediation.

Article 27

Medical disputes are one of the following cases, and the Medical Advisory Committee does not mediation:

(i) The parties of one party have applied to the health-care sector for administrative handling of medical accidents, and the health-care sector has been accepted or processed;

(ii) The parties of one party have brought proceedings before the People's Court and the People's Court has accepted or has taken decisions;

(iii) Other cases where mediation is not appropriate.

Article 28 (Definition of mediators)

After receiving requests for mediation of medical disputes, the Medical Council shall appoint one or more people mediators to conduct mediation or to select one or more people mediators by the medical parties.

Article 29

People mediators have the following circumstances: they should be avoided; the health-related parties have the right to make requests for exemption either orally or in writing:

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

(ii) The experience of medical institutions involved in medical disputes;

(iii) Relationship with the production and sale of medical equipment in relation to medical disputes;

(iv) In other cases where the medical treatment is considered by both parties that may affect fair mediation.

ITU should take a decision in a timely manner to avoid requests and inform both parties.

Article 31 (Conservation of mediation)

The Medical Council and its people mediators should be kept confidential to the commercial secret, personal privacy or personal information of the medical parties.

Without the consent of the parties to the medical treatment, mediation must not be carried out in public or shall not be publicly related to mediation.

In addition to the provisions of the law, legislation and this approach, the relevant material obtained by the Medical Coordination Committee in the process of mediation of medical disputes shall not be used for purposes other than mediation, nor shall any other organization or individual be provided.

Article 31

In one of the following cases, the Medical Committee should initiate expert counselling procedures:

(i) An estimated amount of more than 10,000 dollars;

(ii) The patient has died;

(iii) There are significant differences in the facts of the controversy between the health-related parties;

(iv) An estimated amount of more than 10,000 dollars for insurance claims and the recommendations of the insurance institutions;

(v) Other cases requiring expert advice.

The selection of counsellors should be chosen from the pool of experts in accordance with the principle of avoidance. If necessary, an expert may be chosen from the pool of experts on the basis of conciliation.

Article 32 (Expert advice)

ITU may seek expert advice on:

(i) The existence of a misperception of medical institutions in the implementation of the norms on medical treatment and the fulfilment of their notification obligations;

(ii) The existence of causal relations between medical error and damage results;

(iii) The degree of responsibility of medical error in the outcome of damage;

(iv) Other professional issues related to the controversial facts.

The advisory expert shall provide advice on the advisory matters of the Medical Advisory Committee, in accordance with the principles of independence, objectivity and impartiality, and shall sign or communicate them to the advisory opinion.

The expert advice is the reference basis for the mediation of the Medical Advisory Committee.

Article 33 (Equitable mediation)

People mediators should treat both parties equally, respect the rights expressed by the parties and fully listen to the statements of the parties; refrain from suppressing, blocking the parties' opinions and not favouring the parties.

People mediators should, on the basis of a full understanding of the facts of the dispute and the verification of the investigation, make recommendations for resolving the dispute to the health-affected parties in due course.

Article 34 (The obligation of the parties to health)

Medical institutions should conduct pre-emptive verification of medical disputes and submit relevant material and make initial observations to the Medical Committee in a timely manner.

The parties to the health care should provide information on the disease, as requested by the people mediator.

Article 55 (Association of the institution)

Medical institutions participate in the medical liability insurance, which may inform the insured body in the mediation process.

The custodian has received a notice of mediation but has no place, without prejudice to mediation.

Article XVI (Constitutional mediation)

Upon notification by the Medical Advisory Committee, the Agency provides professional services for medical liability insurance, in accordance with the following conditions:

(i) The amount of the valuation of the insurance scheme is up to 3,000 dollars, and the institution may determine whether or not to be assigned to mediation on its own basis;

(ii) The amount of the valuation of the insurance scheme is more than 3,000 dollars, and the institution should be assigned to mediation and provide advice on specific award matters.

The provisions of the preceding paragraph relating to the valuation of the amount of the insurance are adjusted as appropriate, in consultation with the insurance regulatory and insurance agencies.

Article 37 (Conciliatory agreement)

People mediators should assist medical parties in the determination of dispute resolution, in accordance with the rules of mediation, in accordance with the principle of fair voluntary and reasonableness.

The ITU should produce a letter of mediation agreement with the parties involved. The letter of mediation agreement is signed by a medical party or by a chapter indicating that it enters into force with the signature of the People's Mediator and in addition to the HCC.

The mediation agreement does not have the property to pay and, in the opinion of the medical parties, the parties to the conflict may take an oral form of agreement, but the people mediator shall record the content of the agreement in writing and shall be signed by the medical parties, the people mediators and the medical board.

Article 38 (Surviation of insurance)

The letter of mediation agreement concluded under the auspices of the Medical Committee is the basis for the medical liability insurance scheme.

Article 39

After the conclusion of a mediation agreement, the medical treatment is considered necessary by the parties and can apply to the People's Court in accordance with the law.

The mediation agreement cannot be carried out at the time of the time, and the people mediator should lead the medical parties to apply for judicial recognition.

Article 40 (Option of mediation agreements)

Both parties should be aware of the implementation of mediation agreements; disputes over the implementation of mediation agreements or the content of mediation agreements may be brought before the People's Court.

Article 40

The Medical Committee may make written recommendations to the health-care sector and medical institutions on the prevention of medical disputes, in accordance with the mediation of medical disputes.

Article 42

In the light of the provisions of the relevant laws, regulations and regulations, the medical board shall communicate to the health-related parties the dispute through application to the health-care sector.

Chapter IV Legal responsibility

Article 43

Article 21, paragraph 2, of this approach stipulates that the public security sector is punished in accordance with the Law on Justice Management of the People's Republic of China; it constitutes an offence punishable by law.

Article 44

Medical institutions and their medical personnel violate the provisions of this approach, which are dealt with by the health-care sector in accordance with the relevant provisions of the Law on the Practice of Doctors in the People's Republic of China, the Medical Accident Control Regulations:

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

(ii) Implement experimental clinical medical treatment without the consent of the patient or his close relatives;

(iii) Failure to communicate patients' morbidity, medical measures and medical risks, as appropriate;

(iv) Conclusive, forged or unauthorized destruction of medical instruments and information;

(v) No information and in-kind in accordance with the provisions for the storage, custody and seizure of the disease;

(vi) Disclosure of the privacy of the patient, causing serious consequences;

(vii) There is no justification for denying the provision of photocopy services for patients or their close relatives.

Article 42 (Legal responsibility of the Mediator)

People mediators have one of the following acts in mediation, which are criticized by the Medical Coordination Committee for education, reordering orders and, in the event of serious dismissal:

(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.

Chapter V

Article 46

This approach has been implemented effective 1 March 2014.