(Decree No. 214 of Shenzhen Municipal People’s Government Promulgated on January 22, 2010)
Chapter One General Principles
Article 1 In order to solve the medical dispute in a timely and efficient way, keep within limits of mass incidents triggered by the dispute, maintain the normal order of the society, build a harmonious society, and protect the legitimate rights and interests of both doctors and patients, the measures are formulated in accordance with the national laws and regulations and the actual conditions of the municipality.
Article 2 If any medical dispute in Shenzhen medical institutions and family planning institutions (hereinafter referred to as the medical institutions) occurs, the measures shall be applicable.
Article 3 The medical dispute in the measures refers to the dispute that is aroused because the patient believes that medical personnel in medical institutions have infringed upon their legitimate rights and interests in the medical practices such as medical care, prevention and health care.
Article 4 The medical dispute shall be resolved in accordance with the principles of territorial management, mediation priority, objectivity and fairness, and high-speed and efficiency.
Article 5 The medical administrative organ shall, within the scope of its responsibilities, resolve the medical dispute in accordance with the provisions of the Law of the People’s Republic of China on Medical Practitioners, The Regulation on the Handling of Medical Accidents of the People’s Republic of China Regulations and other relevant laws and regulations.
Article 6 The judicial administrative organ shall promote the construction of the mediation mechanism of the medical dispute, and do a good job of medical dispute mediation management.
Article 7 The public security administrative organ shall handle all sorts of security incidents caused by the medical dispute, to maintain the normal social order and safeguard citizens’ personal and property safety.
Article 8 The medical institutions shall make the medical dispute prevention and settlement prediction scheme, establish preventive mechanisms of the medical dispute, carry out the medical professional and technical training to their staff, and improve their medical technical skills.
Article 9 The medical institution shall participate in the medical professional liability insurance. The medical administrative organs shall encourage the medical institutions to participate in for the medical professional liability insurance.
Chapter Two Mediation of Medical Disputes
Article 10 The people’s mediation committees at all levels shall include resolving the medical dispute in the scope of its work, and establish the medical dispute mediation room (hereinafter referred to as the mediation room) at the sub-district and within the major medical institutions based on the actual situation.
Article 11 The mediation room shall be composed of the people’s mediators who shall have some professional knowledge in medical science, the science of law or psychology.
The medical administrative organ shall cooperate with the people’s mediation commission in the work of employment, management and training of mediators,
The people’s mediation agreements shall come into force after being presented to both parties, and the medical workers and patients shall observe them
Article 12 If a medical dispute occurs, the medical institution shall promptly apply to the mediation room for mediation, and the patient can also apply to the mediation room in the area where the medical institutions involved is located for mediation.
The mediation room shall, after receiving the application for mediation, immediately accept it if it is in the scope of the mediation duties after investigation, and issue the Acceptance Letter of Dispute in the case of both parties’ own accord to define their rights, obligations and the period of mediation.
If the patient applies to the medical administrative organ for mediation, it shall accept it and start the mediation in time.
Article 13 In the medical dispute mediation process, both parties shall not exceed 3 participants.
Article 14 If the conciliation agreement is reached and signed by both parties, the mediation room shall make a written mediation agreement, and deliver it to both parties.
Article 15 If the mediation agreement is not reached, the mediation room shall notify both parties in writing of it and guide them to resolve their disputes through arbitration or litigation.
Article 16 A people’s mediator of the mediation can not, in the mediation work, have any of the following acts:
(1) playing favoritism and commit irregularities, and resorting to deceit;
(2) insulting, suppressing and retaliating against the party concerned;
(3) disclosing the privacy of the party concerned;
(4) accepting the treat or gift of the party concerned.
Article 17 The mediation room can not charge the parties concerned in the medical dispute any fee. The funds of the mediation room shall be appropriated according to the relevant provisions of the state.
Chapter Three Arbitration and Litigation of Medical Dispute
Article 18 If both parties concerned in the medical dispute file a lawsuit in the people’s court or make the arbitration request in the arbitration commission, any organization or individual shall not intervene.
Both parties shall, according to the arbitration law, reach an arbitration agreement, if any either party applies for the arbitration, the arbitration commission shall accept and hear it.
The municipal government shall perfect the arbitration mechanism of the medical dispute for the arbitration commission
Article19 If the arbitration commission needs to investigate and search the evidence in the process of resolving the medical dispute, the medical institution shall actively cooperate with it.
Article 20 Both parties concerned in the medical dispute may entrust the medical association to determine or identify technically whether a medical treatment constitutes a medical accident.
If either of the parties concerned refuses to accept the medical malpractice identification, the arbitration commission or the people’s court may entrust a judicial authentication institution for the judicial identification.
Article 21 If the patient has too hard a life to pay for arbitration or litigation to resolve the dispute, he or she can apply for legal aid and the legal aid organ shall offer its support according to the law.
Chapter Four Legal Liabilities
Article 22 If the medical institution in the medical dispute bears the compensation responsibility and has participated in the medical professional liability insurance, of which it meets the stipulations of the contract of insurance compensation conditions, an insurance company shall make the compensation according to the law; and if not participating in medical professional liability insurance, the medical institution shall have to make a timely compensation for patient concerned.
Article 23 The administrative organ shall make an investigation into the medical institution and its major person-in-charge and persons directly responsible to bear the liabilities in any of the following circumstances:
(1) not to make any medical dispute prevention and settlement prediction scheme, not fulfill precautionary measures, not resolve the dispute in time, and thus result in a serious consequence
(2) not to resolve the dispute actively, not to cooperate in the process of the settlement, and thus make the mediation, arbitration and litigation not get along normally;
(3) not to undertake the liability to pay the timely compensation, and thus result in a more acute contradiction;
(4) other illegal acts in the settlement of the medical dispute.
Article 24 Anyone of the patient party or any other persons who commits any of the following acts shall be handled by the public security organ: Where crime is involved, the matter shall be referred to judicial authorities for investigation in accordance with the law.
(1) occupying the medical or office space, blocking up the entrance to medical institutions and other acts disturbing the order of medical institutions so that the work can not be done normally;
(2) stealing or snatching the medical records and other clinical documents;
(3) leaving the elderly, the disabled, and others who can not take care of their lives themselves in medical institutions or abandoning any other dependents that have no ability to live independently;
(4) other acts such as organizing, abetting and coercing others to interfere with the settlement of the medical dispute done by any other persons who have no business with the dispute or the close relatives with the patient concerned.
Article 25 If the medical administrative organ and its staff violate the measures and do not perform or not properly perform their duties, the appointment and removal organ, the supervision organ or other authorized organs shall investigate for the administrative liabilities.
Chapter Five Supplementary Provisions
Article 26 The relevant units may make specific executive plans according to the present measures, and summit them to the municipal government for approval before implementation.
Article 27 The present measures shall be implemented as of February 22, 2010.
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