The Regulations on the Prevention and Handling of Medical Disputes in Dalian City Starting October

Dalian is through local legislation to open a new "prescription" to solve the "pain" of medical disputes. The Regulations on the Prevention and Handling of Dalian Medical Disputes (hereinafter referred to as the Regulations) will be implemented from October 1, 2022. In order to allow the public to comprehensively understand the regulations and promote the implementation of the regulations, a few days ago, the Standing Committee of the Dalian Municipal People's Congress held a press conference to introduce the relevant situation.

There are no chapters in this legislation, with a total of 31 articles, the terms are more clear and clear, and more operable and characteristic. By strengthening the construction of medical dispute prevention mechanisms with medical quality management as the core, improving the medical dispute handling mechanism, and clarifying the rights and obligations of both doctors and patients in diagnosis and treatment activities, the legitimate protection of the legitimate rights and interests of both doctors and patients.

The city will establish a scoring system for bad practice behavior in medical institutions

The regulations are to prevent and properly handle medical disputes, protect the legitimate rights and interests of both doctors and patients, safeguard medical order, protect medical safety as legislative purposes, adhere to the principles of prevention, fairness and justice, timely convenience, truth -seeking, and deal with them. The main responsibility of relevant departments.

The regulations clarify the people's government of municipalities, districts (cities) and counties, and the leadership of the prevention and treatment of medical disputes, incorporate them into the comprehensive social governance system, establish a division of labor and collaboration mechanisms, coordinate and solve major issues in the prevention and treatment of medical disputes and handling work. Essence The regulations stipulate the functional responsibilities of the competent health and health authorities, judicial administrative departments, public security organs and other departments, and establish a collaborative mechanism for organizing and co -governance of industry society, industry associations, and news media to jointly promote the prevention and treatment of medical disputes.

The regulations stipulate that the health and health authorities of the people's government of the municipal and district (cities) and counties shall establish a scoring system for bad practice behavior in medical institutions to implement scoring management in accordance with the relevant provincial regulations on the illegal and illegal acts of medical institutions in practice. The results of bad practice scores should be one of the basis for the practice verification of medical institution registration agencies, and are included in the hospital grade review, performance assessment, medical quality assessment system and credit management of medical institutions.

Medical disputes of more than 20,000 yuan in claims are encouraged to follow the "people's mediation"

The regulations are clear that medical disputes occur, and both doctors and patients can solve it through the following channels:

(1) Volunteer negotiation between the two parties;

(2) Apply for people's mediation;

(3) Apply for administrative mediation to the district (city) county people's government of the district (city) and county people's governments where medical disputes occur;

(4) License with the people's court;

(5) Other channels stipulated in laws and regulations.

The medical dispute people's mediation plays an important role in resolving medical disputes and building a harmonious doctor -patient relationship because of its neutrality, professionalism and public welfare. Important measures for social governance. Therefore, in order to further give play to the main channel role of the people's mediation in the handling of medical disputes, the regulations are required to increase the social awareness of the people's mediation of medical disputes on the basis of the upper law. The government judicial administrative department shall strengthen the propaganda and guidance of the mediation of the people's mediation of medical disputes, and promote the standardized and professional construction of the people's mediation work of medical disputes. The regulations encourage doctors and patients to resolve medical disputes through the people's mediation channels, and encourage the doctors and patients to solve the medical disputes with large differences or claims of more than 20,000 yuan.

The regulations clarify the application procedure of the people's mediation of the people of medical disputes. If the people's mediation of the people's mediation of medical disputes shall apply to the People's Mediation Committee of the Medical Disputes by both doctors and patients; if one applies for mediation, the People's Mediation Committee of the Medical Disputes will mediate after receiving the consent of the other party.

Applicants can apply for mediation in writing or verbal form. For written applications, the application should be stated that the basic situation of the applicant, the disputes and reasons for the application mediation, etc.; If verbally apply, the people's mediation staff of the medical dispute shall record the basic situation of the applicant on the spot, the disputes and reasons for the application mediation, etc. , And signed by the applicant to confirm.

The People's Mediation Commission of the Medical Dispute is informed that major medical disputes have occurred in the medical institution, which can assign people to the people to rush to the dispute site and actively guide the doctors and patients to apply for people's mediation.

Medical institutions should take nine measures to prevent disputes

The improvement of the prevention system for medical disputes is an important measure to prevent medical disputes from the source, reduce the cause of medical disputes, and maintain social stability and promote social harmony. To this end, the regulations have regulated the prevention measures of medical institutions from strengthening the construction of preventive mechanisms such as medical quality management, risk prevention, communication, and complaint reception. The regulations are clear that the city's strengthening medical quality management and control system construction. The health and health authorities of the people's government of the municipal and district (cities) and counties shall set up corresponding levels and professional medical quality control organizations to carry out medical quality management and control work. The regulations also clarify that medical institutions should implement relevant regulations on medical quality management, take nine measures to actively prevent medical disputes:

(1) Set up the medical quality management department or equipped with professional (and) personnel to be responsible for the specific work of medical quality management;

(2) Formulate and implement the medical quality and safety management system, and strengthen the standardized management of diagnosis and treatment activities in accordance with the law;

(3) Strengthen the construction of medical informatization, promote the inspection and inspection results in accordance with relevant national regulations, optimize the service process, and improve the service level;

(4) Strengthen medical risk management, improve medical risk identification, assessment and prevention and control measures, regularly check the implementation of measures, and timely eliminate hidden dangers; carry out surgery, special examination, special treatment, etc. Plan, actively prevent sudden risks; (5) Active disclosure of basic information, service processes, diagnosis and treatment notes, charging standards and other information;

(6) Improve the communication mechanism of doctors and patients, strengthen communication with patients, and inquiries, opinions and suggestions put forward during the diagnosis and treatment process, and should be explained and explained patiently and processed in accordance with regulations. It should be verified, self -inspection, and designated relevant personnel to communicate with the patients or their close relatives to truthfully explain the situation;

(7) Establish a sound complaint reception system, set up a unified complaint management department or equipped with specialty (part -time) personnel, set up special places, and announce the legal ways, work flow and related departments and units in their prominent positions to solve medical disputes. Methods, etc., are convenient for patients to complain or consult;

(8) Formulate medical dispute prevention and treatment plans, standardize the prevention and treatment procedures for medical disputes, and analyze the cause of medical disputes regularly;

(9) Laws, regulations, and other measures determined by relevant national regulations.

Listing and negative "list" stipulates the obligations of both doctors and patients

The regulations pay attention to the rights and interests of both doctors and patients, and clearly stipulate the obligations of medical institutions and their medical staff, patients, and their close relatives in the diagnosis and treatment activities. Carry out the boundary boundary of diagnosis and treatment activities. Through the two ways of positive lists and negative lists, the regulations simply and clearly specify the five provisions that medical institutions and their medical personnel should abide by in diagnosis and treatment activities. Medical institutions and their medical staff shall not implement five types of behaviors during the diagnosis and treatment activities. At the same time, the regulations follow the principle of equality between the doctors and patients, and also stipulate the six aspects that patients and their close relatives should abide by the six aspects.

Medical institutions and their medical personnel shall not implement the following behaviors during diagnosis and treatment:

(1) Unnecessary examination and treatment of violating the specifications of diagnosis and treatment;

(2) Carry out medical technology clinical applications or use drugs, medical devices, disinfection agents, blood, etc.;

(3) Tampered, forged, concealed, destroyed, and discarded medical records;

(4) Use the stools of the position, illegally accept property or get other unfair interests;

(5) Law, regulations and diagnosis and treatment regulations, and other behaviors that are prohibited.

Patients and their close relatives should abide by the following provisions during the diagnosis and treatment activities:

(1) Comply with the diagnosis and treatment system and medical order, and respect the medical staff;

(2) True illness and history, and cooperate with medical staff to conduct examination, diagnosis, treatment, and care that meets the standards of diagnosis and treatment;

(3) According to the transfer of the disease, the arrangement of the referral or discharge of medical institutions;

(4) Pay medical expenses in accordance with regulations;

(5) If you have any objections to diagnosis and treatment, express opinions and demands through legal channels;

(6) In the emergency public health incidents, in accordance with measures such as isolation treatment and medical observation.

ban! The regulations are clearly disturbed by ten kinds of disturbing medical order

In order to maintain normal medical order and guide the rational rights protection, the regulations have stipulated the medical order of maintaining medical institutions. After a medical dispute, no organization or individual may implement the following behaviors:

(1) In the medical institution, the private hall, the wreath, the burning paper money, the hanging banner, the door to block the door, or disturb the medical order in other ways;

(2) Parking the body in violation of regulations in medical institutions;

(3) illegal carrier and explosive dangerous items and controlling appliances enter the medical institution;

(4) Stealing and destroying medical records;

(5) Beating medical staff or deliberately hurting medical staff and intentionally damaging public and private property;

(6) illegal restrictions on the personal freedom of medical personnel in the way you are not allowed to leave the workplace;

(7) Openly insulting and intimidating medical staff;

(8) Intentional expansion of the situation, instigating others to implement illegal acts on medical institutions or medical staff, or use the name of medical disputes to handle medical disputes, such as extortion and provocation;

(9) Formation and dissemination of false information to disrupt social order;

(10) Other behaviors that disturb medical order.

Pass! Patients with acute and critical illnesses during public health incidents can take the "green channel"

Patient -centric is an important legislative concept of the regulations and is an important measure to implement the people -centered development ideas in legislation. The regulations clearly stipulate that patients are centered on, caring for care, treating patients equally, respecting patients' personality dignity, and protecting patient personal information and privacy. In response to special groups such as emergency and critical illness in public health incidents in emergencies emergency, and pain points such as urgent and critical illnesses, such as emergency and pain points, the regulations are clear that when public health incidents occur, medical institutions shall adjust and optimize the medical process in accordance with relevant national regulations. To strengthen medical guidance and establish a green channel for patients with acute and critical illnesses, reducing the adverse effects on the normal consultation of patients. The health and health authorities of the people's government of cities and districts (cities) and counties shall strengthen the guidance and supervision of medical institutions to ensure the smooth flow of treatment channels.

The regulations stipulate that the hospital shall improve the safety prevention measures in accordance with relevant national regulations, conduct a safety inspection at the hospital entrance or entrance of key areas to prevent prohibited or restricted items carried into the hospital to prevent the occurrence of medical order due to medical disputes, ensure medical care Personal practice and patients are safe. If a safety inspection is carried out, it shall publicize the prohibited or restricted item list in its prominent position, and set a safety inspection green channel for patients with severe critical illness. The public security organs of the municipal and district (cities) and county people's governments shall set up a police room in the corresponding level of hospitals in accordance with relevant national regulations to equip the necessary police forces. The hospital should provide the necessary working conditions for the police room.

save! Five situations can rescue patients without a relative signature

In order to facilitate the understanding and enforcement of regulations, the regulations refer to the relevant judicial interpretation of the Supreme People's Court, and make provisions on how to determine the opinions of how to obtain a close relative of patients. The regulations are clear that if patients or close relatives cannot obtain patients or their close relatives due to emergency situations such as rescue lives, they may immediately implement corresponding medical measures by the person in charge of the medical institution or the authorized person in charge. The following circumstances can be determined that the patient's close relatives cannot be obtained as specified:

(1) Unknown close relatives;

(2) Unable to contact close relatives in time;

(3) Near relative relatives refused to express their opinions;

(4) Nearly, close relatives can not reach unanimous opinions;

(5) Other circumstances stipulated in laws and regulations.

Peninsula Morning Post, 39 -degree video reporter Su Lin

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