? On July 31, 2018, li Kejiang of premier of the State Council signs the State Council to make, announced " precaution of medical treatment dispute and processing byelaw " (the following abbreviation " byelaw " ) . " byelaw " apply since October 1, 2018. A few days ago, judiciary, wholesome health appoint chief " byelaw " concerned problem answered reporter query.
Ask: Introduce simply please " byelaw " the setting that come on stage.
Answer: Enter since 2000, as the constant growth of people health demand, volume of medical treatment service rises continuously, medical treatment dispute happens from time to tome, become acute of contradiction of dispute of partial medical treatment causes intense conflict even, damaged both sides of doctors and patients to close right increase, disturbed order of normal medical treatment, affected social harmony to stabilize. Settling medical treatment dispute is a cosmopolitan difficult problem. Existence of different also on processing of medical treatment dispute level settles the country such as the United States, Japan, Germany, Korea periodic and expatiatory, patient obtains compensate difficulty, doctors and patients the problem such as contrary aggravate. Since 2013, our country published a series of concerning to dissolve the medical treatment dispute, file that upholds medical treatment order, measure in national level, a few places also pay attention to mediation of the precaution of medical treatment dispute, people, published local laws and regulations or relevant policy, obtained actual effect. Arrived 2013 2017, amount of issue of our country medical treatment realized small 5 years to decrease successively, but dispute gross still is in exalted level.
The State Council made 2002 " unskillful and faulty medical or surgical treatment handles byelaw " produced effect to precaution and dispute of processing medical treatment, but what basically adjust is the medical treatment dispute that unskillful and faulty medical or surgical treatment causes, the specific aim of precautionary measures is not quite strong also, get used to the need of new condition hard, be necessary to make " byelaw " , on the foundation that sums up executive circumstance, the experience that accumulates the exploration in be being carried out in recent years rises for legal standard, mediate people this one successful practice to try standard and promotion.
Ask: Introduce please " byelaw " the process that draft.
Answer: In January 2015, former wholesome family planning appoint to the State Council the newspaper sent " precaution of medical treatment dispute and processing byelaw (send go over a manuscript or draft) " . Legal system of former the State Council does to seek the opinion of college of concerned branch, local government, part and medical establishment twice early or late, seek an opinion publicly to the society; Go to survey of and other places of Shenzhen, Beijing, Jiangxi, Hubei; Hold expert argumentation to meet with respect to key problem, undertook the branch is coordinated. Go over a manuscript or draft to sending on this foundation undertook iteration modification, formed " precaution of medical treatment dispute and processing byelaw (draft) " .
This year in April, judiciary jointly with wholesome health appoint basis " deepen party and plan of national structural reorganization " , made to draft revise further perfect. On June 20, 2018, standing conference discusses the State Council passed " precaution of medical treatment dispute and processing byelaw (draft) " , on July 31, 2018, the State Council is announced formally " byelaw " .
Ask: Draft " byelaw " what is overall train of thought?
Answer: " byelaw " in the process that draft, basically held on overall train of thought the following at 3 o'clock:
It is the right that balances both sides of doctors and patients and obligation, safeguard bilateral legitimate rights and interests.
2 it is col reach, manage through enhancing security of medical treatment quality, expedite doctors and patients communicates channel, prevent from fountainhead and reduce issue.
3 it is mediation of sufficient play people in settling medical treatment dispute advocate channel action, advocate with flexible means dissolves medical treatment dispute, reduce antagonism of doctors and patients, stimulative doctors and patients is harmonious.
Ask: " byelaw " what content did precautionary respect provide in medical treatment dispute?
Answer: Prevent medical treatment dispute from fountainhead, be " byelaw " a serious content. " byelaw " basically stipulated content of extent of the following tripartite will prevent medical treatment dispute:
It is the day-to-day management that enhances security of medical treatment quality. " byelaw " regulation, begin activity of diagnosis and treatment to ought to be a center with the patient, abide by law, code, diagnosis and treatment strictly relevant standard, groovy, abide by professional morality; Medical establishment ought to fulfil safety of medical treatment quality to run a system, the identifying that augments pair of medical treatment risks, evaluate and prevent accuse; Wholesome director branch ought to supervise and urge medical establishment fulfils safety of medical treatment quality to run a system, strengthen superintend.
The 2 risks that are link of key of service of aggrandizement medical treatment and domain are prevented accuse. " byelaw " regulation, medical establishment begins service of medical treatment technology, ought to suit with photograph of its technology capability, use medical treatment new technology to ought to begin a technology to evaluate examine with ethics, ensure safety is effective, accord with ethics; The replenish onr's stock that should carry out the product such as medicines and chemical reagents, medical apparatus and instruments strictly is checked, wait for a system surely, make sure product quality is safe; Develop the activity of diagnosis and treatment such as operation, special inspection, special treatment, ought to shift to an earlier date provision answers program, be on guard actively sudden risk.
3 it is to strengthen medical treatment to serve medium doctors and patients to communicate. " byelaw " regulation, the patient has authority to consult, data of duplicate and overall medical record; Medical establishment and its medical personnel ought to seek advice to what the patient carries, the opinion undertakes explanatory demonstrative and undertake handling by the regulation, undertake checking to what the patient raises question, be checked oneself and give communicate; Medical establishment ought to be built complain soundly recieve a system, convenient patient is complained or seek advice.
Ask: About the processing of medical treatment dispute, " byelaw " what basic standard to make?
Answer: On one hand, " byelaw " the principle that handles medical treatment issue clearly, way and program. " byelaw " regulation, handle medical treatment issue, ought to follow fair, just, seasonable principle, be practical and realistic, handle lawfully; Produce medical treatment issue, both sides of doctors and patients can talk things over through proper motion, the way such as lawsuit of people mediation, administration mediation, judicatory is solved. On this foundation, " byelaw " specific and normative proper motion of medical treatment dispute talks things over, people mediation and the program that administration mediates, the expert in making clear people mediation, administration mediation seeks advice, the system such as appraisal, made with judicatory lawsuit join. On the other hand, " byelaw " normative after medical treatment dispute happens deal with immediately. " byelaw " regulation, produce medical treatment issue, medical establishment ought to be informed have data of honest case history duplicate, objective seals up for keeping wait for a regulation; In the meantime, made clear objective to seal up for keeping to handle the demand with cadaver check with open the envelop and body, in order to go to the lavatory bilateral and fixed evidence, settle dispute. In addition, " byelaw " right still uphold medical treatment order, deal with illegal criminality made a provision.
Ask: In developing people mediation to be handled in medical treatment dispute advocate channel action, be " byelaw " a window, introduce relevant content please.
Answer: In last few years practice of processing of medical treatment dispute makes clear, people mediation is to dissolve contradictory, calm confused to stop a when contend for efficient way, it settles dispute with relatively flexible means, alleviated antagonism of doctors and patients, be helpful for promoting harmony of doctors and patients. In the meantime, mediation of people of medical treatment dispute has quick advantage, not power of collection charge, public letter is higher and professional wait for an advantage more by force, already became medical treatment issue gradually multivariate in solving a mechanism advocate channel. " byelaw " this one practice experience rises for legal standard, guide both sides of doctors and patients to settle medical treatment dispute through people mediation further through particular system, regulation: Bisect branch is bigger or the issue with higher number of claim for compensation, encourage the way that both sides of doctors and patients mediates through people to solve; One party applies for people to mediate, after people mediates committee to be asked for so that another agrees, undertake intercessory; People mediates committee to mediate medical treatment dispute not to get collection fee.
Ask: " byelaw " did the medical treatment before consolidating normative suit damage appraisal activity respect what to content provide?
Answer: " byelaw " the feasibility condition that all develops medical treatment to damage appraisal according to orgnaization of appraisal of cure society, judicatory, develop the unified demand of appraisal clearly from the respect such as appraisal standard, program and expert library: Appraisal should be undertaken by the professional such as the clinical medicine of major of experience of appraisal item place, medical jurisprudence; Medicine is met or judicatory appraisal orgnaization does not have relevant professional, draw-out and relevant professional expert has identification in the expert warehouse that ought to establish jointly from service of wholesome, judicatory; Begin medical treatment to damage appraisal to ought to execute formulary standard and order, and accredit country sanitation is healthy appoint, the specific management way that judiciary makes medical treatment damage appraisal jointly. In addition, " byelaw " the illegal behavior such as conclusion of false to issueing appraisal, set strict legal liability.
Medical treatment dispute prevents and handle byelaw
General principles of the first chapter
The first handles medical treatment issue for precaution and appropriate, protect the legitimate rights and interests of both sides of doctors and patients, uphold medical treatment order, ensure medical treatment safety, enact this ordinance.
This the 2nd byelaw place calls medical treatment dispute, it is the controversy that shows both sides of doctors and patients is caused because of activity of diagnosis and treatment.
The 3rd country builds safety of medical treatment quality to run a system, deepen reform of medical sanitation system, activity of normative diagnosis and treatment, improve medical treatment service, improve medical treatment quality, precaution, reduce medical treatment issue.
In activity of diagnosis and treatment, both sides of doctors and patients ought to be respected each other, safeguard oneself rights and interests to ought to abide by the regulation of concerned law, code.
The 4th handles medical treatment issue, ought to follow fair, just, seasonable principle, be practical and realistic, handle lawfully.
The leadership that government of people of above of class of the 5th county ought to strengthen pair of medical treatment to dispute prevents and handle the work, harmonious, bring into its security of society to administer a system integratedly, establish mechanism of cooperation of sectional division of labor, supervise and urge the branch fulfils obligation lawfully.
The precaution that branch of the 6th wholesome director is in charge of directive, supervisory medical establishment becoming issue of good medical treatment and processing work, guide both sides of doctors and patients to settle medical treatment dispute lawfully.
Judicatory service is in charge of coaching people of medical treatment dispute mediates the job.
Public security mechanism upholds order of medical establishment public security lawfully, investigate, patient of blow enroach on and medical personnel add up to the illegal criminality such as right beneficial and order of disturbed medical treatment.
Branch and the orgnaization such as supervisory management of finance, civil administration, insurance do what dispute of good medical treatment prevents and handle to concern the job according to respective duty.
The 7th country builds risk of perfect medical treatment to partake mechanism, the tripartite compensate in developing insurance mechanism to be handled in medical treatment dispute pays the effect that partakes with socialization of medical treatment risk, encourage medical establishment to attend insurance of medical treatment liability, encourage a patient to attend medical treatment accident insurance.
Media of the 8th news ought to strengthen medical treatment sanitation the conduct propaganda of law, code and common sense of medical treatment sanitation, guide public reason to treat medical treatment risk; Report medical treatment issue, ought to abide by the regulation of concerned law, code, scrupulously abide by professional morality, accomplish true, objective, justice.
Dispute of medical treatment of the 2nd chapter prevents
The 9th medical establishment and its medical personnel ought to be a center with the patient in activity of diagnosis and treatment, strengthen humanitarian consideration, abide by medical treatment sanitation strictly law, code, regulations and diagnosis and treatment are relevant standard, groovy, scrupulously abide by professional morality.
Medical establishment ought to undertake medical treatment sanitation to its medical personnel the grooming with law, code, regulations and relevant standard, groovy diagnosis and treatment, strengthen professional ethics education.
The 10th medical establishment ought to be made and carry out safety of medical treatment quality to run a system, branch of monitoring of quality of service of setting medical treatment perhaps is deployed only (hold <> concurrently) office staff, strengthen to diagnosing, cure, nurse, the standardization management of the job such as medical issue, examination, optimize service flow, raise service level.
Medical establishment ought to strengthen management of medical treatment risk, the identifying of risk of perfect medical treatment, evaluate and prevent accuse measure, regular examination measure fulfils a circumstance, eliminate hidden danger in time.
Eleventh clinical application management provides the medical treatment technology that medical establishment ought to be in charge of division system to decide according to sanitation of the State Council, begin the service of medical treatment technology that with its technical capability photograph gets used to, ensure clinical application safety, reduce medical treatment risk; Use medical treatment new technology, ought to begin a technology to evaluate examine with ethics, ensure safety is effective, accord with ethics.
Dozenth a medical establishment ought to the regulation of according to concerned law, code, the replenish onr's stock that carries out agent of bane of medicines and chemical reagents, medical apparatus and instruments, disappear, blood strictly to wait is checked, wait for a system surely. Taboo proves a file without qualification, expire wait for drug of unqualified medicines and chemical reagents, medical apparatus and instruments, disinfection, blood.
Thirteenth medical personnel ought to show illness and medical treatment measure to the patient in activity of diagnosis and treatment. Need carries out an operation, perhaps begin the existence such as clinical trial to produce the special inspection of undesirable consequence, special treatment dangerous sex, possibly certainly, medical personnel ought to show medical treatment risk in time to the patient, replace the situation such as medical treatment plan, obtain its written agree; Be in in the patient insensible wait for the state that cannot make a decision independently or the illness is unfavorable to the patient the case such as the specification falls, ought to explain to close relative of the patient, obtain its written agree.
The patient cannot be obtained below emergency or its are close of relative opinion, via medical establishment controller or the chief approval of accredit, can implement relevant medical treatment measure instantly.
The 14th begins operation, special inspection, special treatment to wait for the activity of diagnosis and treatment that has risk of taller medical treatment, medical establishment ought to shift to an earlier date provision answers program, be on guard actively sudden risk.
The 15th medical establishment and its medical personnel ought to be in charge of sectional regulation according to sanitation of the State Council, fill in and appropriate is custodial anamnesis data.
Because urgent rescue fails to fill in in time of anamnesis, medical personnel ought to be in after rescue end inside 6 hours according to solid fill write down, try to make clear.
Any units and individual must not distort, forge, hide, destroy or loot anamnesis data.
The 16th patient has authority to consult, duplicate laboratory test is sheet of annals of anamnesis of its outpatient service, be in hospital, temperature, doctor's advice sheet, simple (examine report) , medicine is video examination data, special inspection agrees with book, operation to agree with book, operation and anaesthetic record, pathology.
The patient asks to duplicate of anamnesis data, medical establishment ought to provide duplicate service, build proof impress on duplicate anamnesis data. When duplicate anamnesis data, ought to have a patient or its are close the relative is attendant. Medical establishment should the patient's requirement duplicates for its anamnesis data, can collection cost of production, rate ought to be made public.
The patient dies, its are close the relative is OK according to the regulation of this byelaw, consult, duplicate anamnesis data.
The seventeenth medical establishment ought to build perfect doctors and patients to communicate a mechanism, seek advice to what the patient puts forward in process of diagnosis and treatment, opinion and proposal, ought to patient explanation, specification, undertake handling according to the regulation; To the question that the patient raises with respect to behavior of diagnosis and treatment, ought to give in time check, check oneself, appoint concerned personnel and patient or its are close the relative is communicated, show a case according to the facts.
The 18th medical establishment ought to be built complain soundly recieve a system, the setting complains management department unifiedly to perhaps be deployed only (hold <> concurrently) office staff, in medical establishment prominent place announces medical treatment dispute to solve way, program and connection means to wait, convenient patient is complained or seek advice.
Branch of the 19th wholesome director ought to supervise and urge medical establishment fulfils safety of medical treatment quality to run a system, the organization begins safety of medical treatment quality to evaluate, analyse information of safety of medical treatment quality, the risk that is aimed at discovery is made be on guard measure.
The 20th patient ought to abide by medical treatment order and medical establishment to concern see a doctor, the regulation of cure, examination, provide the information that concerns with the illness according to the facts, cooperate medical personnel to develop activity of diagnosis and treatment.
Government of the 21st various people ought to strengthen health to promote work with education, popularize healthy and scientific knowledge, raise the public to learn the cognitive level of scientific knowledge to the cure such as sickness treatment.
Dispute of medical treatment of the 3rd chapter is handled
The 22nd produces medical treatment issue, both sides of doctors and patients can solve through following way:
(one) both sides talks things over of one's own accord;
(2) application people mediation;
(3) application administration mediation;
(4) to people court to lodge a complaint;
(5) the other way that law, code provides.
The 23rd produces medical treatment issue, medical establishment ought to tell a patient or its are near follower lists item:
(one) the legal approach that settles medical treatment dispute;
(2) objective of concerned anamnesis data, spot seals up for keeping and the regulation of open the envelop;
(3) concerned anamnesis data consults, duplicate regulation.
The patient dies, still ought to inform its the regulation of check of close relative concerned dead body.
The 24th produces medical treatment dispute to need to seal up for keeping, of data of anamnesis of open the envelop, ought to undertake below the condition with present both sides of doctors and patients. The anamnesis data that seal up for keeping can be original, also can be duplicate, keep by medical establishment. Anamnesis has not finish need to seal up for keeping, seal up for keeping to already finishing anamnesis go ahead of the rest; After anamnesis is finished according to the regulation, undertake sealing up for keeping to the follow-up part that finish again. Medical establishment ought to seal up for keeping to the anamnesis draw up that seal up for keeping detailed list, sign by both sides of doctors and patients or affix one's seal, each hold.
Dispute of the medical treatment after anamnesis data seals up for keeping has been solved, or the patient seals up for keeping in anamnesis data full 3 years not reintroduce solves medical treatment dispute to ask, medical establishment is OK proper motion open the envelop.
The 25th doubt is like infusion, blood transfusion, inject, wait for those who cause undesirable consequence with medicine, both sides of doctors and patients ought to undertake sealing up for keeping to spot objective jointly, open the envelop, the spot objective that seal up for keeping is kept by medical establishment. Need to examine, ought to entrust jointly by both sides have lawfully examine qualificatory inspection agency undertakes examining; Bilateral cannot collective precatory, by medical establishment seat sanitation of government of prefectural class people is in charge of a branch to appoint.
Doubt is like blood transfusion to cause undesirable consequence, need undertakes sealing up for keeping withholding to blood, the member that medical establishment ought to inform the blood that offers this blood the station is sent is present.
Dispute of the medical treatment after spot objective seals up for keeping has been solved, or the patient seals up for keeping in spot objective full 3 years not reintroduce solves medical treatment dispute to ask, medical establishment is OK proper motion open the envelop.
The 26th patient dies, both sides of doctors and patients disagrees to cause of death, ought to be in after patient death inside 48 hours have cadaver check; Have body aspic to keep a requirement, can lengthen to 7 days. Cadaver check ought to agree via the dead's close relative and sign, reject to sign, regard the dead's close relative as not to agree to have cadaver check. Do not agree with check of protracted perhaps cadaver, provide time more than, affect what decide to cause of death, by different idea protracted perhaps one party assumes responsibility.
Cadaver check ought to be undertaken by the orgnaization that gains corresponding competence about the regulation according to the country and professional technology personnel.
Both sides of doctors and patients is OK process of check of cadaver of accreditation delegate observation.
The 27th patient dies inside medical establishment, the body ought to move instantly the place that puts mortuary to perhaps be appointed, the dead's body deposits time to must not exceed 14 days commonly. The body that exceed the time limit does not handle, be in by medical establishment after be in charge of branch and report of public security office to sanitation of government of people of seat county class, according to formulary processing.
The 28th produces issue of great medical treatment, medical establishment ought to be in charge of a branch to report to sanitation of government of people of place of above of seat county class according to the regulation. After wholesome director branch receives a report, ought to understand in time master a circumstance, guide both sides of doctors and patients to settle dispute through legal approach.
Both sides of the 29th doctors and patients ought to uphold medical treatment order lawfully. Any units and individual must not carry out the behavior of order of harm patient and safety of medical personnel person, disturbed medical treatment.
Happen in medical treatment dispute be suspected of disobeying action of public security government or of criminality, medical establishment ought to report a case to the security authorities to mechanism of seat public security instantly. Public security mechanism ought to take step in time, deal with lawfully, uphold medical treatment order.
Thirtieth both sides of doctors and patients chooses to negotiate those who settle medical treatment dispute, ought to talk things over in special place, must not affect order of normal medical treatment. Number of both sides of doctors and patients is more, ought to choose delegate undertakes negotiation, every just do not exceed 5 people on behalf of the number.
Negotiate the principle that solves medical treatment dispute to ought to hold to freewill, lawful, equality, respect the right of party, respect objective fact. Doctors and patients is bilateral express the idea of civilized, rational watch sees and ought to ask, must not have illegal action.
Negotiate affirmatory compensate to pay amount to ought to be a basis with the fact, prevent abnormal tall or abnormal is low. Bisect branch is bigger or the medical treatment issue with higher number of claim for compensation, encourage the way that both sides of doctors and patients mediates through people to solve.
Both sides of doctors and patients is reached via talking things over consistent, ought to sign written reconcile agreement.
Thirtieth applies for people of medical treatment dispute to mediate, mediate committee to offer application to people of medical treatment dispute jointly by both sides of doctors and patients; One party applies for to mediate, committee of mediation of people of medical treatment dispute is in after be being asked for so that another agrees, undertake intercessory.
The applicant can apply for to mediate with written oral perhaps form. Of written application, requisition ought to carry bright the fundamental condition of the applicant, controversy item that applies mediation and reason; Of oral application, the controversy item that the fundamental condition that adjuster of people of medical treatment dispute ought to record an applicant on the spot, application mediates and reason, sign via the applicant affirm.
Committee of mediation of people of medical treatment dispute produces issue of great medical treatment inside know medical establishment, can begin the work actively, guide both sides of doctors and patients to apply for to mediate.
Party already to people court to lodge a complaint and already was accepted, perhaps had applied for wholesome director to the branch is mediated and already was accepted, people of medical treatment dispute mediates committee not to grant to accept; Had accepted, stop mediation.
Thirtieth establishs people of medical treatment dispute 2 times to mediate committee, ought to abide by " people of People's Republic of China mediates a law " regulation, accord with our region to need actually. 30 weekday since the day that committee of mediation of people of medical treatment dispute ought to establish oneself are indrawn service of judicatory of government of people of place of above of seat county class puts on record.
People of medical treatment dispute mediates committee ought to according to particular case, appoint to a position has the professional knowledge such as medicine, law a certain quantity ofly and the personnel that mediates the job enthusiasticly is held the position of only (hold <> concurrently) adjuster of people of dispute of duty medical treatment.
People of medical treatment dispute mediates committee to mediate medical treatment dispute, do not get collection fee. Place of work of mediation of people of medical treatment dispute needs funds to be carried out according to the concerned regulation of service of finance of the State Council, judicatory.
Committee of mediation of people of dispute of 3 medical treatment mediates thirtieth when medical treatment dispute, can consult an expert according to need, the expert can be chosen in the expert warehouse that from this byelaw thirtieth sets 5 times.
Committee of mediation of people of dispute of 4 medical treatment mediates thirtieth medical treatment dispute, need damages appraisal into practise medicine cure with making clear responsibility, entrust jointly by both sides of doctors and patients medicine is met or judicatory appraisal orgnaization has identification, also can agree via both sides of doctors and patients, by people of medical treatment dispute intercessory committee entrusts appraisal.
Medicine is met or judicatory appraisal orgnaization is accepted entrust be engaged in medical treatment damaging appraisal, ought to have identification by the professional such as the clinical medicine of major of experience of appraisal item place, medical jurisprudence; Medicine is met or judicatory appraisal orgnaization does not have relevant professional, ought to draw-out and relevant professional expert has identification in the expert warehouse that from this byelaw thirtieth sets 5 times.
Medicine is met or judicatory appraisal orgnaization begins medical treatment to damage appraisal, ought to execute formulary standard and order, esteem is scientific, scrupulously abide by professional morality, damage appraisal opinion to be in charge of to issued medical treatment, must not issue false appraisal opinion. Medical treatment damages the specific government measure of appraisal to be made jointly by service of sanitation of the State Council, judicatory.
Appraisal is expended beforehand to collection of both sides of doctors and patients, assume finally according to responsibility scale.
5 medical treatment damage thirtieth appraisal expert library is established jointly by service of the sanitation of government of people of city class above that establishs a division, judicatory. Expert library ought to include the expert of the domain such as medicine, law, medical jurisprudence. Invite an expert to enter expert library, do not accept the restriction of canton region.
The medical treatment that orgnaization of appraisal of 6 cure society, judicatory makes thirtieth damages appraisal opinion to ought to carry bright discuss following content in detail:
(one) whether to put in medical treatment to damage and damage degree;
(2) whether to put in medical treatment fault;
(3) medical treatment fault and medical treatment are damaged whether to exist causal;
(4) medical treatment fault damages medium liability level in medical treatment.
The member that thirtieth seeks advice from expert, appraiser 7 times has one of following state, ought to evasive, party also can apply for his with oral written perhaps form evasive:
(one) it is party of medical treatment dispute or the close relative of party;
(2) have interests with medical treatment dispute;
(3) have other concern with party of medical treatment dispute, the likelihood affects justice of medical treatment dispute to handle.
Mediation is finished inside 30 weekday since the day that committee of mediation of people of dispute of 8 medical treatment ought to hear thirtieth oneself. Need appraisal, appraisal time not plan enter intercessory time. Because special situation needs to lengthen those who mediate deadline, committee of mediation of people of medical treatment dispute and both sides of doctors and patients can agree extend intercessory deadline. Mediate deadline to did not reach those who mediate an agreement more than, regard mediation as to won't do.
Mediation of people of classics of both sides of 9 doctors and patients reachs thirtieth consistent, people of medical treatment dispute mediates committee to ought to make intercessory agreement. Both sides of doctors and patients of intercessory agreement The Book of History signs or affix one's seal, people adjuster signs and build people of medical treatment dispute to mediate effect of committee seal have a youthful look.
Reach those who mediate an agreement, committee of mediation of people of medical treatment dispute ought to inform both sides of doctors and patients to be able to apply for judicatory to affirm to people court lawfully.
Both sides of the 40th doctors and patients applies for administration of medical treatment dispute to mediate, ought to consult this byelaw thirtieth a the first paragraph, the 2nd regulation produces sanitation of government of people of ground county class to be in charge of a branch to offer application to medical treatment dispute.
The decision that whether accepts is made inside 5 weekday since the day that wholesome director branch ought to get application oneself. Party already to people court to lodge a complaint and already was accepted, perhaps had applied for people of medical treatment dispute to mediate what committee is mediated and already was accepted, wholesome director branch does not grant to accept; Had accepted, stop mediation.
Mediation is finished inside 30 weekday since the day that wholesome director branch ought to hear oneself. Those who need appraisal, appraisal time not plan enter intercessory time. Mediate deadline to did not reach those who mediate an agreement more than, regard mediation as to won't do.
Branch of the 41st wholesome director mediates medical treatment dispute to need to undertake the expert seeks advice, can in the expert warehouse that from this byelaw thirtieth sets 5 times draw-out expert; Both sides of doctors and patients thinks to need to undertake medical treatment damages appraisal with making clear responsibility, consult 4 regulation undertakes this byelaw thirtieth appraisal.
Both sides of doctors and patients is in charge of sectional mediation to reach via sanitation consistent, ought to sign intercessory agreement.
Branch of committee of mediation of people of dispute of the 42nd medical treatment and its people adjuster, wholesome director and its staff member ought to are opposite the item such as the individual privacy of both sides of doctors and patients gives confidential.
Agree without both sides of doctors and patients, people of medical treatment dispute mediates committee, sanitation to be in charge of a branch to must not undertake publicly intercessory, also do not get the content that mediates an agreement publicly.
The 43rd produces medical treatment issue, party talks things over, mediation won'ts do, can lawfully to people court to lodge a complaint. Party is OK also and direct to people court to lodge a complaint.
The 44th produces medical treatment issue, need to compensate for, the regulation that compensate pays amount according to law is affirmatory.
Responsibility of law of the 4th art of composition
The 45th medical establishment distorts, forge, hide, destroy anamnesis data, be in charge of personnel and personnel of other and direct responsibility to what be in charge of directly, by sanitation of government of people of prefectural class above director branch is given or instruct give the disciplinary action that drops post grade to perhaps dismiss, suspend 6 months above 1 year to concerning medical personnel to instruct the following hold industry activity; Cause serious consequence, to the director that is in charge of directly personnel and personnel of other and direct responsibility give or instruct the disciplinary action that gives discharge, sell to concerning medical personnel to be aed string of 1 by the former branch that send card hold industry letter; Those who make crime, investigate criminal duty lawfully.
The medical treatment new technology that the 46th medical establishment will be not evaluated through the technology and ethics examines applies at clinical, by sanitation of government of people of prefectural class above director branch confiscates illegal earning, be in 50 thousand yuan of above 100 thousand yuan of the following amerce, give the disciplinary action that drops post grade to perhaps dismiss to the director staff that is in charge of directly and personnel of other and direct responsibility give or be being instructed, suspend 6 months above 1 year to concerning medical personnel to instruct the following hold industry activity; The clue is serious, to the director that is in charge of directly personnel and personnel of other and direct responsibility give or instruct the disciplinary action that gives discharge, sell to concerning medical personnel to be aed string of 1 by the former branch that send card hold industry letter; Those who make crime, investigate criminal duty lawfully.
The 47th medical establishment and its medical personnel have one of following state, by sanitation of government of people of prefectural class above director branch is instructed correct, give a warning, be in 10 thousand yuan of above 50 thousand yuan of the following amerce; The clue is serious, give the disciplinary action that drops post grade to perhaps dismiss to the director staff that is in charge of directly and personnel of other and direct responsibility give or be being instructed, suspend above of a month to concerning medical personnel to be able to be instructed 6 months are the following hold industry activity; Those who make crime, investigate criminal duty lawfully:
(one) was not made by the regulation and carry out safety of medical treatment quality to run a system;
(2) did not impart risk of measure of patient patient's condition, medical treatment, medical treatment by the regulation, replace medical treatment plan to wait;
(3) develop the activity of diagnosis and treatment that has risk of taller medical treatment, did not shift to an earlier date provision should be on guard to plan sudden risk;
(4) did not fill in by the regulation, custodial anamnesis data, perhaps did not fill by the regulation note rescue case history;
(5) reject to be offerred for the patient consult, duplicate anamnesis data serves;
(6) did not build complain recieve system, setting to unite complain management department to perhaps be deployed only (hold <> concurrently) office staff;
(7) did not seal up for keeping by the regulation, data of anamnesis of custodial, open the envelop and spot objective;
(8) not was in charge of a branch to report to sanitation by the regulation dispute of great medical treatment;
(9) other the case that did not fulfill this byelaw to set obligation.
Orgnaization of appraisal of society of the 48th cure, judicatory issue false medical treatment to damage appraisal opinion, confiscate illegal earning by duty of basis of service of sanitation of government of people of prefectural class above, judicatory, be in 50 thousand yuan of above 100 thousand yuan of the following amerce, to this medicine orgnaization of appraisal of meeting, judicatory is mixed concerned appraisal personnel orders halt 1 year the following medical treatment damages 3 months above appraisal business, give the disciplinary action that drops post grade to perhaps dismiss to the director staff that is in charge of directly and personnel of other and direct responsibility give or be being instructed; The clue is serious, orgnaization of appraisal of this cure society, judicatory and concerned appraisal personnel must not be engaged in medical treatment damaging appraisal business inside 5 years or cancel is registered, to the director that is in charge of directly personnel and personnel of other and direct responsibility give or instruct the disciplinary action that gives discharge; Make crime, investigate criminal duty lawfully.
Orgnaization of check of the 49th cadaver issue false cadaver check to report, confiscate illegal earning by duty of basis of service of sanitation of government of people of prefectural class above, judicatory, be in 50 thousand yuan of above 100 thousand yuan of the following amerce, personnel of professional to orgnaization of this cadaver check and concerned cadaver check technology orders halt 3 months above business of check of 1 year of the following cadaver, give the disciplinary action that drops post grade to perhaps dismiss to the director staff that is in charge of directly and personnel of other and direct responsibility give or be being instructed; The clue is serious, cancel orgnaization of this cadaver check and the cadaver check qualification about personnel of technology of cadaver check major, to the director that is in charge of directly personnel and personnel of other and direct responsibility give or instruct the disciplinary action that gives discharge; Make crime, investigate criminal duty lawfully.
Fiftieth an adjuster of people of medical treatment dispute those who have one of following action, by people of medical treatment dispute intercessory committee offers criticism education, instruct correct; The clue is serious, give lawfully dismiss:
(one) party of partial one party;
(2) insult party;
(3) ask for, receive property or obtain is other profiteering;
(4) reveal the item such as privacy of individual of both sides of doctors and patients.
Fiftieth media of a news is dispersed and fictional, false of information of medical treatment dispute, by concerned director the branch gives punishment lawfully; The legitimate rights and interests that gives citizen, legal person other perhaps organization is caused damage, assume lawfully remove an effect, recover reputation, compensation loss, make an apology wait for civil liability.
Fiftieth branch of officer of sanitation of government of people of above of 2 counties class and in other concerned department and its staff member prevent in medical treatment dispute and handling the work, nonperformance duty or of fraud of misuse of authority, derelict, practise favouritism, by the concerned branch such as sanitation of ranking people government censorial perhaps mechanism is instructed correct; Give disciplinary action to the director staff that is in charge of directly and personnel of other and direct responsibility lawfully; Make crime, investigate criminal duty lawfully.
Fiftieth both sides of 3 doctors and patients is in processing of medical treatment dispute, cause person, belongings other perhaps damage, assume civil responsibility lawfully; Form those who disobey action of public security government, give public security management punishment lawfully by public security mechanism; Make crime, investigate criminal duty lawfully.
Supplementary articles of the 5th chapter
Fiftieth the medical treatment dispute of 4 military medical establishment prevents and handle way, by mechanism of central the Central Military Commission concerned branch is in charge of a branch to be made according to this byelaw jointly with sanitation of the State Council.
Fiftieth 5 administration to the unskillful and faulty medical or surgical treatment in activity of diagnosis and treatment investigate processing,
Fiftieth this 6 rules apply since October 1, 2018.
