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Suzhou, Suzhou Municipal People's Government On The Revision Of The Medical Decision On Dispute Prevention And Settlement

Original Language Title: 苏州市人民政府关于修改《苏州市医疗纠纷预防与处理办法》的决定

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Decision of the Government of the State of Sus State on the revision of the approach to the prevention and treatment of medical disputes in the State of Sus State

(Summit 13th ordinary meeting of the Government of the People of Sus Republic of 4 June 2013 to consider the adoption of Decree No. 129 of 16 July 2013, No. 129 of the Order of the People's Government of the State of Sus State, which came into force on 1 September 2013)

Paragraph 1 should be added as follows: “The municipal and district-level municipalities and district governments should establish a coordination mechanism for the prevention and disposal of medical disputes, and to urge the relevant sectors to prevent and dispose of medical disputes in accordance with the law and to coordinate key issues in the prevention and disposal of medical disputes”.

Replace article 5, paragraph 3, with paragraph 4, with the following modifications: “The public security authorities should strengthen the security management of medical facilities, establish police cells at higher-level medical institutions, identify procedures and methods for the handling of work on the ground, maintain the normal medical order and guarantee the health rights of the people”.

In addition, as article 5, paragraph 5: “The place of medical institutions, the Government of the people of the town of the patient's residence, the street office shall cooperate with the handling of medical disputes”.

Article 6, paragraph 2, reads as follows: “Remediation of medical disputes by the Commission, without charge of any expenses, shall be supported and guaranteed by the Government of the people at this level.”

Article 9, paragraph 2, reads as follows: Medical institutions and patients participate in the medical accident insurance, which is shared by medical institutions and patients.

Article 10, paragraph 2, was amended to read: “The medical institutions should arrange reception facilities, provide specialized personnel with counselling and complaints, and make good statements of solutions, procedures and the addresses and contact modalities of the relevant institutions.”

5 amend article 13 as follows: “The patient has the right to medical treatment, to know, to choose, to decide, and to privacy”.

The “chapter III report on medical disputes” and “chapter IV medical disputes” were merged to read as follows: “Chapter III treatment of medical disputes”.

Replace article 16 with article 14, paragraph 2, with the following modifications:

(i) To humiliate, defamation, threats, intimidation, intentional harm or unlawful restrictions on the freedom of medical personnel;

(ii) Be deliberately destroying or stealing public and private property within medical institutions;

(iii) Size medical institutions for medical treatment or office premises;

(iv) The burning of paper money by medical institutions, the arsenal, the posting of scripts, the building of cranes, the circle, the violation of mortuaries, and the spoilers;

(v) Settle in medical institutions;

(vi) Access to health-care institutions for illicitly flammable, hazardous and controlled devices;

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

Article 21 should be replaced with article 20 and read as follows: “In the event of a medical dispute, there is a clear disagreement between the parties that cannot be resolved in their own consultations and should apply to the IASC at the medical institution's location for mediation or other legitimate means of settlement.

More than 20,000 dollars of compensation was claimed by the injured party, and public health agencies were not able to consult themselves on themselves.”

In addition, article 21 reads as follows: “The mediator of the people of the Commission should be publicized, properly connected to the mass, heat people in mediation, with medical, legal, insurance expertise and mediation experience.

The Commission should establish an expert pool composed of experts, such as medical, pharmaceutical and legal, to advise on investigations, assessments and mediation of medical disputes.”

Article 22: “Recommendation of requests for medical dispute mediation by the parties in compliance with the conditions of admissibility shall be admissible and mediation by law.

Medical liability insurance companies that perform medical care, and medical accident insurance companies should provide compensation for medical disputes.”

In addition, article 23 reads as follows: “The Commission shall be informed by the parties of the relevant facts and circumstances and, at the request of the parties, to organize investigations, verifications, assessments. In the course of mediation, people mediators need access to medical information, advice to relevant experts and persons or queries, and the relevant units and personnel should be provided in practice.”

In addition, as article 24, “Agreement on medical disputes shall be made by conciliation agreements. The letter of mediation agreement shall enter into force with the signature, expression, or by reference to the parties concerned, upon signature by the facilitators of the people and the incorporation of the Commission's seal.”

In order to replace article 24 with article 27, the amendment reads as follows: “The parties shall consult themselves with themselves, agree upon by the Commission or by the sanitary administrative authorities, and the health-related parties shall be self-critical in accordance with the agreement.

After the conclusion of the mediation agreement, the parties believe it necessary to apply to the People's Court for judicial recognition.

The People's Court, in accordance with the law, recognizes the effectiveness of mediation agreements, the parties refuse to perform or do not fully, may apply to the People's Court for enforcement; the People's Court, in accordance with the law, confirms that mediation agreements are null and void and that the parties may change their former conciliation agreements or enter into new conciliation agreements, may also bring proceedings before the People's Court.”

In addition, changes and adjustments were made to the chapters and articles, paragraphs, order and individual languages.

This decision has been implemented effective 1 September 2013.

The Sous State's approach to the prevention and treatment of medical disputes is released in accordance with this decision.

Decision No. 109 of 3 November 2009 of the Government of the State of Sus State for the Prevention and Treatment of Medical Disputes (Amendments of 2013)

Chapter I General

In order to effectively prevent and properly deal with medical disputes, protect the legitimate rights and interests of patients and medical institutions and their medical personnel, maintain medical order, guarantee medical safety, and develop this approach in line with the relevant laws, regulations.

Article 2 deals with medical disputes as described in this approach, which refers to the controversy arising from the perceptions of the treatment of medical institutions and their medical personnel in medical activities and their causes, responsibilities and responsibilities.

Article 3. This approach applies to the prevention and treatment of medical disputes at all levels of the city's administration.

Article IV prevents and deals with medical disputes and should be guided by the principles of prevention as the primary, legal, fair and timely citizens.

Article 5. Municipal and district-level municipalities and the territorial Government should establish a coordination mechanism for the prevention and disposal of medical disputes, and urge the relevant sectors to prevent and dispose of medical disputes in accordance with the law and to coordinate key issues in the prevention and disposal of medical disputes.

Health administration authorities should perform supervisory management functions in accordance with the law and guide medical institutions in the prevention and treatment of medical disputes.

The executive organs of the judiciary should strengthen, in accordance with the law, the direction of the work of the people's mediation of medical disputes.

The public security authorities should strengthen the security management of medical sites, establish police cells at higher-level medical institutions, identify procedures and methods for handling on-site, maintain normal medical order and guarantee the health rights of the people.

The place of medical institutions, the Government of the people of the town of the patient's residence and the street offices should cooperate with the handling of medical disputes.

Article 6. The People's Conciliation Commission for Medical Disputes established at the municipal and district levels (hereinafter referred to as the Coordination Committee) is a popular organization for professional mediation of medical disputes.

The mediation of medical disputes by the Commission does not collect any cost, and the Government of the people at this level should support and guarantee the requirements for mediation.

Article 7. The media should respect the provisions of the relevant laws, regulations, regulations and regulations, fulfil social responsibility, adhere to professional ethics, objective and impartial coverage of medical disputes, and play full role in the direction and supervision of opinion.

Chapter II Prevention of medical disputes

Article 8. Health administration authorities should regulate access to the health-care institutions, enhance monitoring and management of the conduct of the medical institutions, promote health institutions and their medical personnel to improve the quality of medical services, guarantee medical safety and protect the rights of patients.

Article 9. Medical institutions shall participate in medical liability insurance in accordance with the relevant provisions of States and provinces.

Medical institutions and patients are encouraged to participate in medical accident insurance. Medical institutions and patients participate in medical accident insurance, which is shared by medical institutions and patients.

Article 10 Medical institutions should establish systems such as sound medical safety responsibilities, medical quality monitoring and evaluation, medical transmission, medical accident accountability, and protection against medical accidents, in accordance with the relevant laws, regulations and regulations.

Medical institutions should arrange reception sites with specialized personnel to receive counselling and complaints, and provide a clear way of resolving medical disputes, procedures, and the addresses and contact of relevant institutions.

Article 11. Medical institutions should establish pre-removal cases for medical disputes and report on the location's sanitary administrative authorities and public security authorities.

Article 12 Medical personnel should comply with the following provisions to prevent the occurrence of medical disputes:

(i) Observance of health laws, regulations, regulations and regulations and the norms of medical care;

(ii) To establish a spirit of professionalism, respect for professional ethics and protect the privacy of patients;

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

(iv) Provide information on the incidence of disease, medical measures, medical risks and medical costs, and respond to them in a timely manner;

(v) In accordance with the provisions, medical material shall not be concealed, forged or destroyed as well as relevant information.

Article 13 gives patients the right to medical care, the right to know, the right to choose, the right to decide and the right to privacy.

Article 14.

(i) Compliance with the regulations and medical order of medical institutions;

(ii) Coordinate medical treatment and care with medical personnel if they are presented to medical personnel;

(iii) Payment of medical expenses on time.

The following acts shall not be taken by the victim:

(i) To humiliate, defamation, threats, intimidation, intentional harm or unlawful restrictions on the freedom of medical personnel;

(ii) Be deliberately destroying or stealing public and private property within medical institutions;

(iii) Size medical institutions for medical treatment or office premises;

(iv) The burning of paper money by medical institutions, the arsenal, the posting of scripts, the building of cranes, the circle, the violation of mortuaries, and the spoilers;

(v) Settle in medical institutions;

(vi) Access to health-care institutions for illicitly flammable, hazardous and controlled devices;

(vii) Other disruptions in the normal order of medical institutions.

Chapter III

Article 15. Medical institutions should establish, maintain a system of reporting on medical disputes, without concealing, debriefing and falsely reporting medical disputes.

Medical agencies and their medical personnel should report in accordance with the provisions of the Medical Accident Control Regulations and take effective measures to prevent the expansion of the situation.

In the event of a medical dispute, the medical body shall initiate a medical dispute disposal case and, according to the following procedures:

(i) To take control measures to prevent the expansion of events, to communicate the expert's observations to the victims in a timely manner, and to report to the health administration authorities in the place of medical institutions;

(ii) To inform the victims of the treatment of medical disputes and to respond to the advice and questions of the victims and to lead the victims to resolve disputes in accordance with the law;

(iii) In the case of co-acquisitions, on the basis of the relevant provisions of the Medical Accident Control Regulations, and on-site physical and related illnesses;

(iv) The death of the patient within the medical institution should immediately relocate the body to too-wife or to the funeral. The health-related parties cannot determine the causes of death or be subject to the relevant provisions of the Medical Accident Control Regulations;

(v) Consultations between the parties to resolve medical disputes should take place in the reception facilities of medical institutions. There is a high number of people living in the school, and the number of representatives should be allowed to consult;

(vi) Upon completion of the processing, medical dispute resolution reports should be submitted to the health administration authorities, such as the actual reflection of the occurrence and investigation of medical disputes.

Article 17, following reports of medical disputes received by the health administration authorities, shall be dealt with in accordance with the following procedures:

(i) Urgent medical institutions to take timely measures to prevent the expansion of the state of affairs;

(ii) Actively carry out evacuations, leading to the proper settlement of disputes by both medical patients in accordance with the law.

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

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

(ii) Exemptive work to end the outbreak and maintain the medical order;

(iii) To deal with violations of the administration of justice by law;

(iv) The death of patients within medical institutions and the refusal of the sick to relocate the body to too-to-clock or bracket, to discourage invalidity, and civilian police on-site should assist medical institutions in deporting the body by law.

When a medical dispute arises, the parties may resolve the dispute by:

(i) Voluntary consultations between the parties;

(ii) Request for mediation to the Commission;

(iii) To submit requests for medical accident disputes to the health administration authorities;

(iv) To prosecute the People's Court.

After the occurrence of a medical dispute, there was a clear disagreement between the parties that could not be resolved in their own consultations, and it should apply to the IASC at the medical facility's location for mediation or for other legitimate solutions.

More than 20,000 dollars of compensation was claimed by the injured party, and public health agencies were not able to consult themselves.

Article 21, the facilitators of the Commission should be publicized, better connected to the mass, popular mediation, with medical, legal, insurance expertise and mediation experience.

The Commission should establish an expert pool composed of experts, such as medical, pharmaceutical and legal, to provide advice on investigations, assessments and mediation of medical disputes.

Article 22 requests for mediation of medical disputes submitted by the Consultative Committee to the parties are in accordance with the conditions of admissibility and shall be admissible and communicated in accordance with the law.

Medical liability insurance companies that receive medical care, and medical accident insurance companies should provide compensation for medical disputes.

Article 23. Upon receiving medical disputes conciliation requests, the Commission shall be informed by the parties of relevant facts and circumstances and, at the request of the parties, organize investigations, verifications, assessments. In the course of mediation, people mediators need access to medical information, advice to relevant experts and persons or queries, and the relevant units and personnel should be provided in practice.

Article 24 of the medical dispute was agreed upon by the Commission's mediation and should produce conciliation agreements. The letter of mediation agreement is entered into force with the signature of the parties, the Gay or the designation of the parties, with the signature of the People's Mediator and the incorporation of the Commission's seal.

When a medical dispute arises, the health administration authorities at the location of the medical institution have made requests for medical accidents, and the health administration authorities should be treated in accordance with the relevant laws, regulations.

Article 26 has been brought before the People's Court by the parties, and the authorities of the sanitary administration or the Commission are no longer seized of their processing or conciliation requests; the treatment or mediation should be terminated.

Article 27, in consultation with the parties, agreed upon by the Consultative Committee or by the Ministry of Health, should be carried out by both health-related parties in accordance with the agreement.

After the conclusion of the mediation agreement, the parties believe it necessary to apply to the People's Court for judicial recognition.

The People's Court, in accordance with the law, confirms the effectiveness of mediation agreements by the parties that they refuse to perform or do not fully, may apply to the People's Court for enforcement; the People's Court, in accordance with the law, confirms that mediation agreements are null and void and that the parties may change their mediation agreements or enter into new conciliation agreements or may also bring proceedings before the People's Court.

Chapter IV Corporal punishment

Article 28 violates this approach and stipulates that the provisions of the law, regulations and regulations have been imposed.

Article 29 of the sanitary administrative authorities and public security authorities and their staff abuse of their duties, instigation of private fraud, incentivism, negligence, are governed by the law by their units or by the superior authorities responsible and other direct responsibilities.

Article 33 Medical institutions and their medical personnel have one of the following acts, which are governed by the law by their units or by the health administration authorities:

(i) No medical dispute disposal advance;

(ii) Violations of the regulations of the administration of health or the norms of medical treatment;

(iii) The irresponsible delay in the collection and treatment of vulnerable patients;

(iv) Conclusive, false or unauthorized destruction of medical instruments and information.

Article 31, paragraph 2, of this approach, should be stopped by the civilian police on-site and be discouraged from being removed by law, which constitutes a violation of the law and punishes in accordance with the relevant provisions of the Law on the Safety and Security of the People's Republic of China.

Chapter V

Article 32 states of this approach, including patients, patients' relatives and others.

Article 33 Prevention and treatment of medical disputes by all types of medical institutions at all levels of the force can be taken into account.

In the course of their duties, the WCICC and the Family Planning Service may also refer to implementation.

Article 34 of this approach is implemented effective 1 December 2009.