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Fujian Medical Disputes Prevention And Treatment Approaches

Original Language Title: 福建省医疗纠纷预防与处理办法

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Chapter I General

Article 1, in order to effectively prevent and deal with medical disputes, protect the legitimate rights and interests of patients and medical institutions and their medical personnel, preserve the medical order, establish harmonious medical relations and develop this approach in line with the relevant national legislation.

Article 2 deals with medical disputes as described in the present approach, which refers to disputes arising from the medical treatment activities of both parties.

Article 3. Prevention and treatment of medical disputes in the administration of this province shall apply.

Article IV deals with medical disputes should be guided by the principles of legality, impartiality, timeliness and popularity, which are clear, precise, responsible and appropriate.

Article 5 Governments should strengthen the leadership in the prevention and treatment of medical disputes by integrating medical dispute prevention and disposal efforts into the social security integrated governance system by establishing a mechanism for dealing with major issues related to the prevention and treatment of medical disputes in hospitals, promoting compliance with the law by the relevant authorities.

The location of medical institutions, the place of origin of patients or the Government of the People's Government of the town of residence (the Street Office), the Village (NL) Commission and the relevant units should cooperate with the relevant authorities in the prevention and treatment of medical disputes.

The health-care administration of the people at the district level should be guided by law and supervise the prevention and treatment of medical disputes by medical institutions and be treated by responsible medical institutions and their medical personnel.

Article 7

Article 8

Article 9

In accordance with the relevant provisions of the State, the Insurance Supervisory Authority shall oversee the conduct of medical liability insurance and medical accident insurance operations by the regulatory agency.

Article 10 The media should comply with the relevant laws, regulations and regulations, adhere to professional ethics, advocate for civilization, harmony and mutual trust in medical relations, objectively, comprehensively and effectively reporting medical disputes, and correctly guide social opinion.

When citizens, legal persons or other organizations make statements relating to medical disputes, the relevant legal texts should be adhered to and based on facts.

Article 11 establishes a system of popular mediation for medical disputes. In municipalities, districts (zones) should establish a committee for the popular mediation of medical disputes (hereinafter referred to as the Medical Consultative Committee), which is responsible for the popular mediation of medical disputes in the present administration.

The ITU mediation of medical disputes does not collect any costs to the parties. The daily office of the Medical Committee, the provision of work and the subsidy of the people mediator are guaranteed by the same-level finance.

Article 12 establishes and improves mechanisms for social medical assistance. After the treatment of medical disputes, a patient who meets the conditions of social assistance may submit a social relief request to the commune government (the Street Office).

Chapter II

Article 13

Article 14. Medical institutions should strengthen the training of medical personnel in business and professional ethics education, improve the communication capacity of medical personnel, establish a system of monitoring and evaluation of the quality of medical care, a system of responsibility for medical safety and accountability, and improve the health quality management and control system.

Article 15. Medical institutions should establish systems for the disposal of medical disputes, establish pre-removal cases for the prevention and disposal of medical disputes, specify the responsibilities of medical agency heads, heads of departments and medical personnel in the handling of medical disputes, regulate procedures for the handling of medical disputes and regularly analyse the causes of medical disputes and prevent the generation of medical disputes.

Article 16 Medical institutions should establish mechanisms for the sound consultation of medical patients, identify counselling, complaints management, set up reception sites, with special (and) staff and receive counselling and complaints from patients. The functions, addresses and contact modalities of the relevant agencies, such as the Medical Service, are published in a prominent place.

Article 17 Medical institutions and their medical personnel should comply with the following provisions in medical activities:

(i) Observance of the laws, regulations, regulations and regulations governing the treatment of health care, the regularity and the professionalism of medical services;

(ii) Care, care, respect for patients and protect the privacy of patients;

(iii) A reasonable treatment for illness;

(iv) Proclamation, medical measures, medical risks, medical costs, etc. to patients, as well as timely responses to their counselling and psychological evacuations. If the patient may have adverse consequences, it should be communicated to his close relatives in practice;

(v) The need for the operation, special inspections, special treatment, experimental clinical medical treatment should be obtained or the written consent of their close relatives;

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

(vii) In accordance with the State's provisions, the compilation and preservation of the material of the disease. The medical personnel concerned should be filled for a period of six hours after the end of the rescue and be indicated.

Article 18 Medical personnel shall not have:

(i) Execution of unnecessary inspections in violation of therapeutic norms and customs;

(ii) The use of medical treatment techniques, drugs and medical equipment that are inappropriate for disease;

(iii) Harmonization, falsification, concealment, destruction and discarding of material;

(iv) The acceptance of the belongings or other unjustifiable interests.

Article 19

(i) Observance of the management and medical order of medical institutions and respect for medical personnel;

(ii) Where medical personnel are present in the history of illnesses, cooperate with medical personnel in the conduct of inspections, medical treatment and care, and sign relevant written and informed consent, as required;

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

(iv) Coordinate arrangements with medical institutions for referral or referral according to illness;

(v) Objections to medical behaviour and express opinions and claims by law.

They must not be compelled to require medical institutions to conduct medical acts that go beyond their ability to manage and operate.

Article 20 is entitled to access, photocopy or replication of the patient's care records, record-keeping, blood treatment, special screenings (special treatment) consent, inpatient reports, medical videos, medical videos, medical examinations, etc.

The subjective analysis of the material of the disease, the discussion of the case, the diagnosis of the opinion is not the subject matter of reproduction or reproduction.

Public safety, justice, insurance and sectors responsible for medical accident technical recognition may provide a medical institution with a patient or all of the disease according to the needs of the case processing, the legal enforcement of professional technical identification, commercial insurance clearance.

Article 21, paragraph 20, requires the reproduction or reproduction of the material of the disease, and medical institutions should provide photocopy or reproduction services and be added to the photocopy or reproduction material. When photocopying or replicating the material of the disease should be present.

The disease has not been completed and the disease has been requested by the patient to reprint or replicate the material of the disease, which can be reprinted or replicated for the newly completed component after medical personnel complete the disease.

Article 2 should establish a mechanism for the prevention and treatment of information-sharing and rapid response by public security authorities with the health-care-dependent executive branch and within the jurisdictional medical institutions.

The public security authorities should establish a police room at three hospitals, where more than a secondary hospital must be patrolled as a condition for the establishment of a police room or the establishment of a security booth in the vicinity. Medical institutions should provide office and related facilities for the police office.

In accordance with article 23, the public security authorities should report on a case-by-step basis to the competent medical institutions within the jurisdiction the corresponding level of the people's Government to establish a security-focused unit and to guide the enforcement of security-protection measures by the medical institutions.

Medical institutions should implement the in-house responsibility for policing, strengthen the construction of “human defence, material defence, technic” and improve the security control system.

Chapter III

Section I General provisions

Article 24 should establish mechanisms for the mediation of a pluralistic medical dispute between the people at the district level.

After a medical dispute, the parties to the medical crisis may choose to resolve the following ways:

(i) Consultations with themselves;

(ii) Request for mediation to the Medical Committee;

(iii) To prosecute the People's Court;

(iv) Other avenues provided for in laws, regulations and regulations.

Article 25 After a medical dispute, the following measures should be taken by medical institutions:

(i) Hearing opinions and informing him of the way, methods and procedures for dealing with medical disputes, responding to relevant advice and questions, leading them to resolve disputes by law;

(ii) To communicate the relevant provisions of the disease photocopy and seal;

(iii) Deaths of patients within medical institutions and to inform relevant bodies of their disposal;

(iv) Organizing expert meetings, where necessary, and informing patients and their close relatives of the expert meetings;

(v) The need to initiate emergency disposal scenarios, which should be reported promptly to sectors such as hygienic, public safety and health at the location, in accordance with the provisions of the pre-profile;

(vi) To cooperate with sectors such as health, public security and medical committees in investigating evidence and dispute handling.

The occurrence of medical disputes requires the release of the illnesses, which should be confirmed jointly by the medical parties and signed by the parties or by the original of the disease. Contained medical photocopy (cording) or the original medical facility is maintained.

The disease has not yet been completed and can be sealed for the completed photocopy (cording) of the disease; after the end of the disease, the copies (cording) of the follow-up to the completion of some of the illnesses are closed.

Since the end of two years from the date of the release of the disease, the medical institutions may be seized without claims of liability for medical damage.

Article 27, which is suspected of having adverse consequences, such as hydration, blood transmission, devices, etc., should be co-authorized by the parties to the medical facility in the physical form of the site or envelope, where the place is stored in the medical institution; the need to test and have the conditions for testing should be tested by the health-related parties in conjunction with the appointment of a test body that is qualified by law; the parties are unable to co-designate, by the hygienic executive.

Article 28 Deaths of patients, failure by the parties to the medical service to determine the causes of death or to challenge the causes of death shall be carried out within 48 hours of the patient's death; and the existence of a residual condition may be extended to 7 days. The morgue shall be subject to the consent and signature of the victim's close relatives, without justification for refusing to sign, and shall be considered to have no objection to the examination by the close relatives of the deceased. The rejection or delay of the examination of the morgue, which affects the causes of death, is the responsibility of the party that rejects or delays.

The parties to the medical service may request forensic medical personnel to participate in the mortuary examination or to be represented in the examination process.

Article 29 Deaths of patients within medical institutions shall be immediately transferred by the patient's family to be too complete for up to a maximum of two hours; the remains shall be stored for a period not exceeding 48 hours. Medical institutions do not have the establishment of too-wife, and the body should be transferred within two hours.

In violation of the former provision of the survivor's body, after the approval of the health-stock authorities registered by the medical agencies, the Medical Agency informed the Medical Agency of the receipt of the remains.

Upon receipt of a medical notice by the medical facility, the premises should be quickly arranged for vehicles and personnel to arrive on the site, in accordance with the provisions for the processing of the remains and the transfer of the remains to the yard.

Article 33 prohibits any unit or person from carrying out the following acts:

(i) To beating medical personnel within medical institutions or to deliberately harm the body of medical personnel and deliberately destroy public and private property;

(ii) Separate medical institutions, poles, burning of paper money, hiding, blocking or otherwise disrupting medical order;

(iii) The public opening of regional violations in places such as illnesses, saving rooms, gynaecologists and medical institutions affecting medical order;

(iv) Illegal restrictions on the liberty of medical personnel, including by denying leave to the workplace;

(v) A blatant insult, sterilization, intimidation and intimidation of medical staff;

(vi) The illegal possession of hazardous items such as firearms, ammunition, control or explosive, radioactive, toxicity, and corruption into medical institutions;

(vii) The intentional expansion of events, the instigation of other criminal acts against medical institutions or medical personnel, or the commission of acts such as extortion and the search for coercion in connection with medical disputes commissioned by others;

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

Article 33 of this approach, as well as major medical disputes resulting from medical negligence that result in the death of patients, heavy physical disability or damage to the person, shall be disposed of in accordance with the following requests:

(i) Urging medical institutions to take immediate measures to prevent the expansion of events and to organize personnel to cooperate with the public security authorities in their field handling;

(ii) Conduct policy advocacy and educational evacuations, leading the choice of the parties to resolve disputes appropriately;

(iii) To inform the patient's unit or the commune government (the Street Office), the Village (LNL) Commission on the disposition of medical disputes.

In accordance with article 32, the public security authorities should be disposed of in accordance with the following provisions:

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

(ii) Conduct educational evacuations, identify the identity of spectaculars, stop laser acts and maintain on-site order;

(iii) Various types of criminal offences committed on the ground by law;

(iv) To disrupt the medical order, such as the violation by medical institutions of morgues, and to be persuaded, warned against invalidity, to take mandatory measures under the law and to bring persons suspected of committing offences to a ground investigation;

(v) For medical personnel who are victims of violence or who unlawfully restrict the liberty of medical personnel, they should be stopped in a timely manner and punished by law or criminal responsibility.

Section II

When a medical dispute arises, the patient's claim is not more than 20,000 medical patients may be resolved in their own consultations. In consultation with the health-related parties, the following provisions should be made:

(i) The number of participants in the consultation shall not exceed 5 and produce valid identification. More than five, consultations should be held by representatives;

(ii) The expression of opinions and demands by virtue of the law shall not be triggered or violated and shall not disrupt the normal medical order;

(iii) Consensus, written reconciliation agreements should be developed and signed.

When a medical dispute arises, the health-related parties may apply for the mediation of medical committees in the area where the medical dispute arises, select the medical board to conduct mediation, and should comply with the relevant provisions of the People's Mediation Act.

The parties to the medical service may apply in writing for mediation or may apply orally for conciliation; oral requests for mediation should be made by the people mediator to record the basic situation of the applicant, the disputed and the grounds for application for mediation, and be confirmed by the applicant.

It was informed that major medical disputes were taking place within medical institutions, and that the Medical Council could assign the facilitators of the people to medical institutions, conduct on-site evacuations and accept requests for mediation.

Article XV specifically performs the following duties:

(i) Request for mediation of medical disputes;

(ii) To receive advice from the parties and to lead the treatment of medical disputes in accordance with legitimate and voluntary principles;

(iii) Mediation of medical disputes;

(iv) Other responsibilities under laws, regulations.

Article 336, the Mediator of the People's Mediator shall be the public, good body and have medical, legal expertise and experience in mediation, with a focus on people's mediation. Each city, district (zone) medical board should maintain a dedicated and part-time combination of people mediators from professionals such as medical, forensic, psychology and psychology to form a pool of people mediators for medical disputes.

People mediators of the Medical Council have confidential obligations with regard to the privacy of patients and medical personnel who have been informed in mediation or the commercial secrets of medical institutions.

The executive branch of the administration of justice at the district level should conduct regular operational training for the IASC's facilitators. Training must not collect any cost.

Article 37 should establish an expert pool composed of experts, such as medical, pharmaceutical, psychological, insurance and legal, to provide technical advice for investigations, assessments and mediation of medical disputes. The establishment of the expert pool should be supported and guided by the health-care and judicial administration of the people at the district level.

To encourage the integration of the resources of the regional medical dispute mediation experts in the province, the promotion of conditional medical committees to promote the use of remote videos to advise experts and participate in the mediation of medical disputes.

Article 338 should be reviewed within three working days after the CCMC received requests for medical conciliation. The decision is to be taken in a timely manner to respond to the parties; inadmissibility, the parties should be informed and justified in writing.

After receiving a request for mediation, the medical board shall be informed of the rights and obligations of the parties involved in the mediation process.

Article 39 Mediation of medical disputes by the Medical Council, as required:

(i) Identification of 1 to 3 people mediators as mediators. More than one mediator should identify one mediator. The mediator should be avoided by the medical parties to make a request for evasion and the reason for the mediator;

(ii) The parties may hire lawyers, commissioners and representatives to participate in mediation, with no more than five representatives representing the single party, and the author should submit a letter of authorization to the Medical Committee;

(iii) Mediation should be conducted in specialized mediation sites;

(iv) Mediators should be given mediation orders.

Article 40. People mediators should be informed of the facts and circumstances, respectively, by the health-care providers; the need for access to medical material or advice to the relevant experts, personnel, and the relevant units and persons should be synchronized.

The people mediators, through the means of persuasion, evacuation, have prompted the parties to the health to reach a mediation agreement on the basis of equal consultation.

Article 40 deals with medical disputes with the amount of more than 20,000 dollars for claims and up to 100,000 dollars, and the Medical Consultative Committee shall consult with the relevant experts in its expert pool, with expert advice and mediation recommendations. Medical disputes over the amount of more than 100,000 dollars should be identified for medical damage or for technical identification of medical accidents.

Medical damage identification or medical accident technical identification are carried out in accordance with national legislation.

Article 42 states that parties with medical care shall enter into mediation agreements and shall produce, sign a written agreement on mediation.

After a conciliation agreement reached by the Medical Coordination Committee, the parties believe it necessary to apply to the People's Court for judicial recognition within 30 days of the entry into force of the mediation agreement.

Article 43 should end mediation within 30 working days from the date of receipt of conciliation requests, and the duration of mediation does not contain the identification time. Due to the special circumstances, the duration of mediation will be extended by the health-related parties to agree on an extension period; more than the agreed time period has not yet reached a mediation agreement as mediation.

Article 44 states that, in one of the following cases, the Medical Council is inadmissible; mediation has been accepted and terminated:

(i) The refusal of a party to mediation or mediation;

(ii) The prosecution by a party to the People's Court and the people's courts have been seized or sentenced;

(iii) The dispute is not relevant to the medical institution's medical treatment;

(iv) Other cases provided for by law, regulations.

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

Chapter IV Medical liability insurance

Article 485 The health-care administration of the people at the district level should actively promote the participation of public health institutions in the medical liability insurance, encourage non-public medical institutions to participate in the medical liability insurance, the participation of medical personnel in the performance-of-service liability insurance and the participation of patients in the medical accident insurance.

In accordance with the relevant provisions of the State, the SSR shall determine the insurance rate and consult with medical agencies on the basis of the size of the medical institution, the size of the different clinical professions, the amount of the previous annual medical disputes.

Medical liability insurance institutions are encouraged to develop diversified medical liability insurance products.

Article 47 participates in medical institutions for medical liability insurance, which are covered by medical expenses.

After article 48, medical disputes have occurred, medical institutions should report promptly to the health-responsibility insurance insurance institutions, in accordance with the relevant provisions of the People's Republic of China Insurance Act and the agreement on insurance contracts, and, if so, provide medical disputes to the insurance agencies.

In accordance with the agreement of the insurance contract, the custodian of the medical liability insurance shall, in accordance with the agreement of the insurance contract, give the People's Court the notice of entry into force of the conciliation or the letter of judgement, the conciliation agreement of the Medical Insurance Board and the agreement of the parties accredited by the insured agency as a basis for the payment of medical liability insurance payments and provide related insurance services.

Chapter V Legal responsibility

Article 50, in violation of the provisions of this approach, provides for penalties under the law, regulations and regulations.

Article 50 states that more than the people at the district level are hygienic, judicial, public safety, civil affairs and their staff, and that they do not perform their duties in the prevention and disposal of medical disputes, resulting in the expropriation of medical disputes, triggering major cases or other grave consequences, or in conflicting consultations, mediation, by their competent authorities or by the inspectorate, in accordance with the law of the competent and other persons directly responsible for direct responsibility; and criminal accountability is provided by law.

In violation of this approach, medical institutions have one of the following cases, warnings by the health-care executive branch of the gynaecological government of more than the population at the district level, corrective action; denial of correction or serious consequences, and are treated by law against the competent and other directly responsible personnel:

(i) The absence of vocational ethics education and operational training, or the absence of a system of monitoring and evaluation of the quality of medical care, a system of responsibility for medical safety and accountability;

(ii) No medical dispute disposal case;

(iii) The absence of a reception facility or the staffing of a special (part-time) officer and the publication of the functions, addresses and contact modalities of the relevant bodies, such as the medical facility, for the settlement of medical disputes, procedures and medical committees, in a prominent place;

(iv) No medical material is provided or reprinted.

In violation of this approach, medical personnel have one of the following conditions, which are punishable by law, legislation and regulations, such as the National People's Republic of China Act on Pharmaceutical Medicine Management of the People's Republic of China, in accordance with the laws, regulations and regulations of the National People's Republic of China Act on Pharmaceutical Medicines Act; and criminal liability under the law:

(i) In violation of the norms of medical treatment and the usual practice of carrying out the necessary inspection;

(ii) The use of medical treatment techniques, drugs and medical equipment that are inappropriate for disease;

(iii) Constraints, alterations, falsifications, damage and loss of material;

(iv) Acceptance of the patient and his close relatives' property or other unjustifiable interests.

Article 54, in violation of this approach, provides that a medical licensor has one of the following cases, which is criticized by the People's Conciliation Commission for Medical Disputes for the purpose of education, reordering, in the event of serious circumstances, by virtue of law, and which constitutes a crime and criminally liable 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 of both parties.

Article 55, in violation of article 33 of this approach, imposes penalties under the law of public security authorities for disrupting the normal medical order of medical institutions, damage to public and private property, violations of the legitimate rights and interests of others, and constitutes an offence punishable by law.

Article 56 of the media or press journalists have failed to report the truth, the findings have not yet been made public about the misstatement of medical disputes, or have reported incitement to feelings, causing serious social adverse impacts and consequences, and hold responsibility in accordance with the relevant national provisions.

Article 57 protects and their responsible persons who refuse to comply with their obligations under the insurance contract, and the insurance oversight body shall be treated by law.

Annex VI

Article 58 of this approach refers to the institution that obtains licences for the operation of medical institutions in accordance with the provisions of the Medical Institutions Regulation.

The approach refers to persons suffering, including patients, close relatives and patients' representatives.

Article 59, medical disputes arising from illegal medical care, are not covered by the medical disputes referred to in this scheme, in accordance with the relevant laws, regulations.

Article sixtieth of this approach is implemented effective 1 July 2016.