Regulations on the Prevention and Handling of Medical Disputes

 

Chapter I General Provisions

 

Article 1 These regulations are formulated for the purpose of preventing and properly handling medical disputes, protecting the lawful rights and interests of doctors and patients, maintaining medical order and safeguarding medical safety.

Article 2 The medical disputes referred to in these regulations refer to the disputes between doctors and patients arising from diagnosis and treatment activities.

Article 3 The state establishes the medical quality and safety management system, deepens the reform of the medical and health system, standardizes the diagnosis and treatment activities, improves the medical service, improves the quality of medical treatment, and prevents and reduces the medical disputes.

In diagnosis and treatment activities, doctors and patients should respect each other, and safeguard their own rights and interests should comply with the provisions of relevant laws and regulations.

Article 4 to deal with medical disputes, should follow the principle of fairness, justice, timely, factual, according to law.

Article 5 The people's governments at or above the county level shall strengthen the leadership and coordination of the prevention and handling of medical disputes, incorporate them into the comprehensive management system of social security, establish a mechanism for the division of labor and cooperation among departments, and supervise the departments to perform their duties in accordance with the law.

Article 6 The competent health department is responsible for guiding and supervising medical institutions to do a good job in preventing and handling medical disputes, and guiding doctors and patients to resolve medical disputes in accordance with the law.

The judicial administrative department is responsible for guiding the people's mediation of medical disputes.

The public security organs shall, in accordance with the law, maintain law and order in medical institutions, investigate, deal with and combat infringement of the lawful rights and interests of patients and medical personnel, as well as disrupting the medical order and other illegal and criminal acts.

The departments and organizations of finance, civil affairs and insurance supervision and management do a good job of preventing and handling medical disputes in accordance with their respective responsibilities.

Article 7 The state establishes and improves the medical risk-sharing mechanism, gives full play to the role of the insurance mechanism in the third-party compensation in the handling of medical disputes and the socialized sharing of medical risks, encourages medical institutions to participate in medical liability insurance, and encourages patients to participate in medical accident insurance.

Article 8 The news media shall strengthen the publicity of medical and health laws and regulations and general knowledge of medical and health care, and guide the public to rationally treat medical risks; reporting medical disputes, shall comply with the provisions of relevant laws and regulations, and abide by professional ethics, and be truthful, objective and fair.

 

Chapter II Prevention of Medical Disputes

 

Article IX medical institutions and their medical staff in the diagnosis and treatment activities should be patient-centered, strengthen humanistic care, strict compliance with health care laws, regulations, rules and diagnosis and treatment of relevant norms, routines, and abide by professional ethics.

Medical institutions should be its medical staff for health care laws, regulations, rules and diagnosis and treatment of relevant norms, routines, training, and strengthen professional ethics education.

Article 10 medical institutions shall formulate and implement medical quality and safety management system, set up medical service quality control department or with full-time (part-time) staff, to strengthen the diagnosis, treatment, nursing, pharmacy, inspection and other standardized management, optimize the service process, improve the level of service.

Medical institutions shall strengthen medical risk management, improve the identification of medical risks, assessment and prevention and control measures, regularly check the implementation of measures to eliminate hidden dangers in a timely manner.

Article XI of the medical institutions shall, in accordance with the provisions of the State Council health department formulated the management of the clinical application of medical technology, to carry out its technical ability to adapt to the medical technology services, to ensure the safety of clinical application, reduce medical risk; the use of new medical technology, should be carried out to assess the technology and ethical review, to ensure that the safety and effectiveness of the ethical.

Article 12 Medical institutions shall, in accordance with the provisions of relevant laws and regulations, strictly implement the system of purchase inspection and storage of medicines, medical devices, disinfectant agents, blood and so on. It is prohibited to use unqualified medicines, medical devices, disinfectants and blood without qualified documents or expiration dates.

Article 13 medical personnel in the diagnosis and treatment activities should be explained to the patient's condition and medical measures. The need to implement surgery, or clinical trials, there is a certain degree of risk, may produce adverse consequences of special tests, special treatment, medical personnel shall promptly explain to the patient medical risks, alternative medical programs and other circumstances, and obtain their written consent; in the patient is in a coma and other unable to make decisions on their own, or the condition of the patient is not suitable for explaining the situation to the patient, it should be explained to the patient's next of kin and obtain his or her written consent. In cases where the patient is in a state of coma or is unable to make decisions on his/her own or his/her condition is not suitable to be explained to the patient, the patient's close relatives shall be informed and his/her written consent shall be obtained.

If the patient or his close relatives cannot be obtained in an emergency, the corresponding medical measures can be implemented immediately with the approval of the head of the medical institution or the authorized person in charge.

Article 14 to carry out surgery, special examination, special treatment and other diagnostic and therapeutic activities with high medical risk, medical institutions should prepare in advance to respond to the program, take the initiative to prevent unexpected risks.

Article XV of medical institutions and their medical personnel shall, in accordance with the provisions of the competent health department of the State Council, fill out and properly stored medical records.

Failure to fill out the medical record in time due to emergency rescue, medical personnel should be in the end of the rescue within six hours to make up the record, and be noted.

Any unit or individual shall not tamper with, falsify, conceal, destroy or seize the medical records.

Article 16 The patient shall have the right to inspect and copy the outpatient medical records, hospitalization records, temperature list, doctor's orders, laboratory tests (test reports), medical imaging data, special examination consent, surgical consent, surgical and anesthesia records, pathological information, nursing records, medical expenses and other health departments under the State Council all the information belonging to the medical record.

Patients requesting copying of medical records, medical institutions shall provide copying services, and in the copy of the medical records stamped with the seal of proof. Duplication of medical records, there should be patients or their close relatives present. Medical institutions should be the patient's request for its copy of the medical records, can charge a fee, the fee should be made public.

The death of the patient, his next of kin can be in accordance with the provisions of these regulations, access, copy medical records.

Article XVII of the medical institutions shall establish and improve the mechanism of communication between doctors and patients, patients in the diagnosis and treatment process of consultation, comments and suggestions, should be patient, explanation, and in accordance with the provisions of the treatment; patients on the diagnosis and treatment of doubtful behavior, it should be verified in a timely manner, self-checking, and designate the relevant personnel to communicate with the patient or his or her next of kin, and truthfully explain the situation.

Article 18 The medical institutions shall establish and improve the complaint reception system, set up a unified complaint management department or with full-time (part-time) staff, in the medical institutions in a prominent position to publish medical dispute resolution, procedures and contact information, etc., to facilitate the patients to complain or consult.

Article 19 The competent department of health shall supervise the medical institutions to implement medical quality and safety management system, organize and carry out medical quality and safety assessment, analysis of medical quality and safety information, and develop preventive measures for the risks found.

Article 20 The patient shall comply with the medical order and medical institutions related to consultation, treatment, examination, truthfully provide information related to the condition, and cooperate with medical personnel to carry out diagnostic and treatment activities.

Article 21 The people's governments at all levels shall strengthen health promotion and education, popularize the knowledge of health sciences, and improve public awareness of disease treatment and other medical scientific knowledge.

 

Chapter III Medical Disputes

Article 22 In the event of a medical dispute, doctors and patients may resolve it through the following ways:

(a) Voluntary consultation between the two parties;

(B) Apply for people's mediation;

(C) Applying for administrative mediation;

(D) Litigation to the people's court;

(E) other ways provided by laws and regulations.

Article 23 In the event of a medical dispute, the medical institution shall inform the patient or his close relatives of the following matters.

(a) the legitimate ways to resolve medical disputes;

(B) the provisions of the relevant medical records, the scene of the physical sealing and unsealing;

(C) the provisions of the relevant medical records and information access, copy.

If the patient dies, the next of kin shall also be informed of the provisions of the autopsy.

Article 24 The occurrence of medical disputes need to seal and unseal the medical record information, shall be in the presence of both doctors and patients. Sealed medical records can be the original, can also be a copy, by the medical institution for safekeeping. Medical records have not been completed need to be sealed, the completed medical records first sealed; medical records in accordance with the provisions of the completion, and then the subsequent completion of the part of the seal. Medical institutions should be sealed medical records listed on the sealed list, signed or sealed by both the doctor and patient, each signing a copy.

Sealed medical records after the medical dispute has been resolved, or the patient in the medical records sealed for three years without further request to resolve the medical dispute, the medical institution can open the seal.

Article 25 suspected transfusion, blood transfusion, injection, medication and other adverse consequences, doctors and patients should work together on the scene of the physical sealing, unsealing, sealing the scene of the physical by the medical institution for safekeeping. Need to test, should be jointly commissioned by the two sides according to the test qualifications of the testing organization for testing; the two sides can not be jointly commissioned by the health department of the people's government of the county where the medical institution designated.

Suspected that the blood transfusion caused adverse consequences, the need for blood sealing and retention, the medical institution shall notify the blood station to provide the blood to send officers to the scene.

The medical dispute has been resolved after the on-site physical sealing, or the patient does not put forward the request for resolving the medical dispute again after the on-site physical sealing for 3 years, the medical institution can open the seal by itself.

Article 26 The death of patients, doctors and patients disagree on the cause of death, should be carried out within 48 hours after the death of the patient's autopsy; with the conditions of freezing the body, can be extended to 7 days. Autopsy shall be agreed and signed by the next of kin of the deceased, refused to sign, the next of kin of the deceased is deemed to disagree with the autopsy. If the autopsy is not consented to or delayed beyond the prescribed time, affecting the determination of the cause of death, the party who does not consent to or delays the autopsy shall be held responsible.

The autopsy shall be carried out by organizations and professional technicians who have obtained the appropriate qualifications in accordance with the relevant provisions of the State.

The doctor and the patient may appoint representatives to observe the autopsy process.

Article 27 The patient died in a medical institution, the body shall be immediately moved to the morgue or a designated place, the deceased body storage time shall not exceed 14 days in general. Overdue corpse, by the medical institution in the county people's government of the local health department and the public security organs after the report, in accordance with the provisions of the disposal.

Article 28 In the event of a major medical dispute, the medical institution shall, in accordance with the provisions of the competent health department of the local people's government at or above the county level where it is located report. The competent health department shall, upon receipt of the report, promptly understand the situation and guide doctors and patients to resolve disputes through legal means.

Article 29 The doctors and patients shall maintain medical order in accordance with law. No unit or individual shall commit acts that jeopardize the personal safety of patients and medical personnel, or disrupt the medical order.

Medical disputes in the occurrence of suspected violations of public security management or criminal behavior, the medical institution shall immediately report to the local public security organs. The public security organs shall take timely measures to maintain medical order in accordance with the law.

Article 30 doctors and patients choose to negotiate to resolve medical disputes, should be negotiated in a special place, shall not affect the normal medical order. The number of doctors and patients, should be elected to represent the consultation, the number of representatives of each party not more than five people.

Consultation to resolve medical disputes shall adhere to the principles of voluntariness, legality and equality, respect for the rights of the parties concerned, and respect for the objective facts. Both doctors and patients shall express their opinions and requirements in a civilized and rational manner, and shall not act in violation of the law.

Negotiation to determine the amount of compensation should be based on facts, to prevent abnormally high or low. For medical disputes with large differences or high claims, doctors and patients are encouraged to resolve them through people's mediation.

If the doctor and the patient reach agreement after consultation, they shall sign a written settlement agreement.

Article 31 The application for people's mediation of medical disputes shall be made jointly by the doctor and the patient to the people's mediation committee of medical disputes; if one party applies for mediation, the people's mediation committee of medical disputes shall carry out the mediation after obtaining the consent of the other party.

The applicant may apply for mediation in written or oral form. If the application is made in writing, the application shall contain the basic situation of the applicant, the disputed matters and the reasons for the application for conciliation; if the application is made orally, the people's conciliator for medical disputes shall record the basic situation of the applicant, the disputed matters and the reasons for the application for conciliation on the spot, and the application shall be confirmed by the signature of the applicant.

When the people's conciliation committee for medical disputes learns that a major medical dispute has occurred in a medical institution, it can take the initiative to carry out work to guide the doctor and patient to apply for conciliation.

If the parties concerned have already filed a lawsuit with the people's court and it has been accepted, or if they have already applied for mediation by the competent health department and it has been accepted, the people's mediation committee for medical disputes shall not accept the application; if it has already accepted the application, the mediation shall be terminated.

Article 32 The establishment of a people's conciliation commission for medical disputes shall comply with the provisions of the People's Conciliation Law of the People's Republic of China and meet the actual needs of the region. The people's conciliation committee for medical disputes shall, within 30 working days from the date of its establishment, file a record with the judicial administrative department of the local people's government at or above the county level where it is located.

The people's mediation committee for medical disputes shall, according to the specific situation, appoint a certain number of people with specialized knowledge in medicine and jurisprudence and who are enthusiastic about mediation work as full-time (part-time) people's mediators for medical disputes.

A people's mediation committee for medical disputes shall not charge fees for mediating medical disputes. The funds required for the work of people's mediation of medical disputes shall be carried out in accordance with the relevant provisions of the financial and judicial administrative departments of the State Council.

Article 33 When the people's conciliation committee for medical disputes conciliates medical disputes, it may consult experts as needed, and may select experts from the expert pool provided for in Article 35 of these Regulations.

Article 34 Where the people's conciliation committee for medical disputes conciliates a medical dispute and needs to appraise the medical damage in order to clarify the responsibility, the medical association or judicial appraisal organization shall be jointly commissioned by both the doctor and the patient to appraise the damage, or the appraisal may be commissioned by the people's conciliation committee for medical disputes with the consent of both the doctor and the patient.

The medical association or the judicial appraisal organization accepts the entrustment to engage in the medical damage appraisal, shall be appraised by the appraisal matters involved in the specialty of clinical medicine, forensic medicine and other professionals to carry out the appraisal; the medical association or the judicial appraisal organization does not have the relevant professionals, shall be from the expert database stipulated in Article 35 of the Regulations to draw relevant professional experts to carry out the appraisal.

Medical association or forensic institutions to carry out medical damage identification, shall implement the prescribed standards and procedures, respect for science, abide by professional ethics, the issuance of medical damage identification opinion is responsible for, shall not issue false identification opinion. Medical damage appraisal of the specific management by the State Council health, judicial administrative departments to jointly develop.

Appraisal fee charged in advance to the doctor and the patient, and ultimately in accordance with the proportion of responsibility.

Article 35 The medical damage identification expert pool by the people's government above the municipal level, health, judicial administrative departments jointly established. The expert pool shall contain experts in the fields of medicine, jurisprudence, forensic science and other fields. The hiring of experts into the expert pool is not subject to the limitations of administrative regions.

Article 36 The medical association, the judicial appraisal organization to make the medical damage appraisal opinion shall contain and discuss in detail the following contents:

(a) whether there is medical damage and the extent of damage;

(b) Whether there is medical fault;

(c) Whether there is a causal relationship between medical negligence and medical damage;

(d) The degree of responsibility of the medical negligence in the medical damage.

Article 37 The consulting experts and appraisers shall recuse themselves in any of the following circumstances, and the parties may also apply for their recusal orally or in writing:

(A) is a party to the medical dispute or a close relative of the party;

(ii) Has an interest in the medical dispute;

(C) Has other relations with the parties to the medical dispute, which may affect the fair handling of the medical dispute.

Article 38 The people's conciliation committee for medical disputes shall complete the conciliation within 30 working days from the date of acceptance. If identification is required, the time for identification shall not be counted as part of the mediation period. Due to special circumstances require an extension of the mediation period, the people's mediation committee for medical disputes and the doctor and the patient may agree to extend the mediation period. More than the mediation period has not reached a mediation agreement, as the mediation fails.

Article 39 the doctor and the patient reached agreement through people's mediation, people's mediation committee for medical disputes shall make a mediation agreement. Mediation agreement signed or sealed by the doctor and the patient, the people's mediator signed and stamped with the seal of the people's mediation committee for medical disputes.

Reach a mediation agreement, the people's mediation committee for medical disputes shall inform the doctor and the patient can apply to the people's court for judicial confirmation.

Article 40 The doctor and the patient apply for administrative mediation of medical disputes, shall refer to the provisions of paragraph 1 and paragraph 2 of Article 31 of these regulations to the competent health department of the people's government at the county level of the place where the medical dispute occurred.

The competent health department shall make a decision on whether to accept the application within five working days from the date of receipt of the application. If the parties concerned have filed a lawsuit with the people's court and it has been accepted, or have applied for mediation by the people's mediation committee for medical disputes and it has been accepted, the competent department of health shall not accept the application; if the application has been accepted, it shall terminate the mediation.

The competent health department shall complete the mediation within 30 working days from the date of acceptance. If an appraisal is required, the appraisal time shall not be counted as part of the mediation period. More than the mediation period has not reached a mediation agreement, as the mediation fails.

Article 41 The competent department of health mediation of medical disputes require expert consultation, may be from the provisions of article 35 of these regulations in the expert pool of experts; doctors and patients believe that the need for medical damage appraisal in order to clarify the responsibility, with reference to the provisions of article 34 of these regulations, the appraisal.

The doctor and the patient by the competent department of health mediation to reach agreement, shall sign a mediation agreement.

Article 42 The people's mediation committee for medical disputes and its people's mediators, the competent health department and its staff shall keep the privacy and other matters of the doctor and the patient confidential.

Without the consent of the doctor and the patient, the people's mediation committee for medical disputes, the competent departments of health shall not be open mediation, and shall not publicize the content of the mediation agreement.

Article 43 In the event of a medical dispute, the parties involved in the negotiation, mediation fails, may, in accordance with the law, to the people's court litigation. The parties may also directly to the people's court.

Article 44 Where a medical dispute arises and compensation is required, the amount of compensation shall be determined in accordance with the provisions of the law.

 

Chapter IV Legal Liability

Article 45 Where a medical institution tampers with, falsifies, conceals or destroys medical records, the directly responsible officer in charge and other personnel directly responsible shall be given or ordered to be given the sanction of lowering the grade of the post or dismissal by the competent health department of the people's government at or above the county level, and the medical personnel concerned shall be ordered to be suspended from practicing medicine for a period of more than six months and less than one year; where serious consequences result, the directly responsible officer in charge and other personnel directly responsible shall be given or ordered to be given the sanction of expulsion, and the medical personnel concerned shall have their practicing certificates revoked by the original licensing department; criminal responsibility shall be investigated according to law. Directly responsible personnel given or ordered to give the punishment of dismissal, the medical personnel concerned by the original licensing department to revoke the practice certificate; constitutes a crime, shall be investigated for criminal responsibility.

Article 46 Where a medical institution applies a new medical technology that has not passed the technical assessment and ethical review to clinical practice, the competent health department of the people's government at or above the county level shall confiscate the illegal income and impose a fine of not less than 50,000 yuan and not more than 100,000 yuan, and shall give or order to give a disciplinary action to lower the post grade or dismiss the directly responsible personnel and order the medical personnel to suspend their practice activities for not less than 6 months and not more than 1 year; the circumstances of the case shall be dealt with by dismissal or order to give a disciplinary action. 1 year or less of practice; the circumstances are serious, the directly responsible for the supervisors and other personnel directly responsible for giving or ordering to give the punishment of dismissal, the medical personnel by the original licensing department to revoke the certificate of practice; constitutes a crime, shall be investigated for criminal responsibility.

Article 47 Medical institutions and their medical personnel in one of the following circumstances, the competent health department of the people's government at or above the county level shall order correction, give a warning, and impose a fine of 10,000 yuan or more than 50,000 yuan; if the circumstances are serious, the supervisory personnel directly responsible and other personnel directly responsible for giving or ordering to be given to reduce the level of the position or dismissal of the sanctions, the medical personnel concerned can be ordered to suspend for more than one month or more than six months of practicing activities; constitutes a criminal responsibility according to law. The medical personnel concerned may be ordered to suspend the practice of medicine for a period of not less than 1 month and not more than 6 months; if a crime is constituted, criminal responsibility shall be investigated according to law:

(A) Failure to formulate and implement a medical quality and safety management system in accordance with the regulations;

(ii) Failure to inform patients of their medical conditions, medical measures, medical risks, and alternative medical programs in accordance with the regulations;

(C) Carrying out diagnosis and treatment activities with high medical risks, without preparing response programs in advance to prevent unexpected risks;

(D) Failure to fill out and maintain medical records in accordance with the provisions of the information, or failure to make up the medical records of the rescue in accordance with the provisions;

(E) refused to provide patients with access to medical records, copying information services;

(F) Failure to establish a complaint reception system, set up a unified complaint management department or full-time (part-time) staff;

(G) not in accordance with the provisions of the sealing, storage, unsealing of medical records and physical site;

(H) Failure to report major medical disputes to the competent health department as required;

(IX) Other cases of failure to fulfill the obligations stipulated in these Regulations.

Article 48 The medical association, the judicial appraisal organization issued false medical damage appraisal opinion, by the people's governments above the county level health, judicial administrative departments in accordance with their duties to confiscate the illegal income, and impose a fine of 50,000 yuan or more than 100,000 yuan or less, the medical association, the judicial appraisal organization and the relevant appraisal personnel shall be ordered to suspend for more than three months than one year or less of the business of medical damage appraisal, the directly responsible officer in charge of the directly responsible person and other directly responsible personnel shall be given or ordered to give a reduction of the medical damage appraisal business. Responsible personnel given or ordered to give a lower job level or dismissal of sanctions; the circumstances are serious, the medical association, forensic institutions and appraisal personnel shall not be engaged in medical damage appraisal business or revoke the registration of the directly responsible personnel and other personnel directly responsible for or ordered to give the dismissal of sanctions; constitutes a crime, shall be investigated for criminal responsibility.

Article 49 If an autopsy organization issues a false autopsy report, the people's government at or above the county level shall confiscate the illegal income and impose a fine of 50,000 yuan or more than 100,000 yuan or less in accordance with its duties, and shall order the suspension of the autopsy organization and the relevant professional and technical personnel of the autopsy for more than 3 months or less than 1 year of the autopsy business, and shall give or order to be given to the personnel in charge directly responsible for the directly responsible personnel to reduce the position of the grade or dismissal; the criminal liability shall be determined according to law. The directly responsible person in charge and other directly responsible persons shall be given or ordered to be given the punishment of lowering the post or dismissal; if the circumstances are serious, the autopsy organization and the autopsy professional and technical personnel concerned shall be revoked the qualification of autopsy, and the directly responsible person in charge and other directly responsible persons shall be given or ordered to be given the punishment of dismissal; if the case constitutes a crime, the person concerned shall be investigated for the criminal responsibility.

Article 50 If a people's mediator for medical disputes has one of the following behaviors, the people's mediation committee for medical disputes shall give criticism and education and order correction; if the situation is serious, he shall be dismissed according to law:

(I) Favoring one party;

(ii) Insulting a party;

(iii) Soliciting or accepting property or making other improper gains;

(D) divulging the privacy of doctors and patients and other matters.

Article 51 The news media fabricate and disseminate false information on medical disputes, the relevant competent departments shall be punished according to law; to the citizens, legal persons or other organizations of the legitimate rights and interests of the damage caused by the law, shall bear the civil responsibility to eliminate the impact, restore the reputation, compensation for losses, apologies and so on.

Article 52 If the competent health department of the people's government at or above the county level and other relevant departments and their staff fail to perform their duties or abuse their powers, neglect their duties, or engage in favoritism and malpractice in the prevention and handling of medical disputes, they shall be ordered by the relevant departments of the people's government of a higher level, such as the relevant departments of the people's government of the People's Republic of China, or by the supervisory organ, to rectify the situation; the directly responsible supervisory personnel and other directly responsible personnel shall be given penalties in accordance with law; and if the situation constitutes a crime, the person concerned shall be prosecuted for Constituting a crime, shall be investigated for criminal responsibility according to law.

Article 53 The doctor and the patient in the medical dispute, causing personal, property or other damage, shall bear civil liability; constitutes a violation of public security management behavior, the public security organs shall be given public security management penalties; constitutes a crime, shall be investigated for criminal responsibility.

 

Chapter V Supplementary Provisions

 

Article 54 Measures for the prevention and handling of medical disputes in military medical institutions shall be formulated by the relevant departments of the organs of the Central Military Commission in conjunction with the competent health department of the State Council in accordance with these Regulations.

Article 55 The administrative investigation and handling of medical malpractice in diagnosis and treatment activities shall be carried out in accordance with the relevant provisions of the Regulations on the Handling of Medical Malpractice.

Article 56 These Regulations shall come into force on October 1, 2018, as of the same date.

Regulations on Medical Accident Handling

Chapter I General Provisions

Article 1 These Regulations are formulated for the purpose of correctly handling medical malpractice, protecting the lawful rights and interests of patients and medical institutions and their medical personnel, maintaining medical order, safeguarding medical safety and promoting the development of medical science.

Article 2 The medical malpractice referred to in these regulations, refers to medical institutions and their medical personnel in medical activities, in violation of medical and health management laws, administrative regulations, departmental regulations and diagnosis and treatment norms, routines, negligence, causing personal injury to the patient's accident.

Article 3 The handling of medical accidents shall follow the principles of openness, fairness, impartiality, timeliness and convenience, and adhere to the scientific attitude of seeking truth from facts, so that the facts are clear, the characterization is accurate, the responsibility is clear, and the treatment is appropriate.

Article 4 According to the degree of damage caused to the patient's person, medical malpractice is divided into four levels:

First-degree medical malpractice: causing the patient's death and severe disability; and

Grade II medical malpractice: causing the patient with moderate disability, organ and tissue damage resulting in serious functional impairment; and

Grade 3 medical malpractice: causing patients with mild disability, organ and tissue damage resulting in general functional impairment; and

Grade IV medical malpractice: causing obvious physical damage to the patient and other consequences.

The specific grading standards shall be formulated by the health administrative department of the State Council.

Folding the second chapter of medical malpractice prevention and disposal

Article 5 medical institutions and their medical personnel in medical activities, must strictly abide by the laws and regulations of medical and health care management, administrative regulations, departmental regulations and diagnosis and treatment norms and routines, abide by the professional ethics of medical services.

Article VI medical institutions should be its medical staff for health care management laws, administrative regulations, departmental rules and regulations and diagnosis and treatment norms, routines of training and medical service ethics education.

Article VII of medical institutions shall set up medical service quality control department or with a full-time (part-time) staff, specifically responsible for monitoring the medical staff of the medical institution's medical services, checking the practice of medical personnel, accepting complaints from patients on medical services, and provide them with consulting services.

Article VIII of the medical institutions shall, in accordance with the requirements set forth by the State Council administrative department of health, writing and proper storage of medical records.

For the rescue of patients in critical condition, failed to write the medical record in time, the medical personnel shall be in the end of the rescue within six hours to make up the record, and be noted.

Article 9 It is strictly prohibited to alter, falsify, conceal, destroy or seize medical records.

Article 10 patients have the right to copy or copy their outpatient medical records, hospital records, temperature, medical orders, laboratory (test reports), medical imaging data, special examination consent, surgical consent, surgical and anesthesia records, pathological data, nursing records and other medical records prescribed by the State Council administrative department of health.

Patients in accordance with the provisions of the preceding paragraph to request a copy or copy of medical records, medical institutions shall provide copy or copy services and copy or copy of the medical records on the seal of proof. When copying or reproducing medical records, the patient shall be present.

Medical institutions at the request of the patient, for its copy or copy of medical records, can be charged in accordance with the provisions of the cost. Specific charges by the provinces, autonomous regions and municipalities directly under the Central People's Government, the price department in conjunction with the same level of health administrative departments.

Article 11 in the medical activities, medical institutions and their medical staff shall inform the patient's condition, medical measures, medical risks and other truthful information to the patient, and timely answers to their inquiries; however, should be avoided to the patient's adverse consequences.

Article 12 A medical institution shall formulate a plan for preventing and dealing with medical accidents, preventing the occurrence of medical accidents and mitigating the damage caused by medical accidents.

Article 13 medical personnel in the medical activities occurred or found in medical malpractice, may cause medical malpractice of medical negligence or medical malpractice disputes, shall immediately report to the head of the department, the head of the department shall promptly to the medical institution responsible for the quality of health care services monitoring department or full-time (part-time) staff report; responsible for the quality of health care services monitoring department or specializing in (part-time) personnel Upon receipt of the report, it shall immediately investigate, verify, and report the relevant information to the person in charge of the medical institution, and inform and explain to the patients.
Article 14 In the event of medical malpractice, the medical institution shall, in accordance with the provisions of the report to the local health administrative department.

Occurrence of the following major medical negligence, the medical institution shall report to the local health administrative department within 12 hours:

(a) lead to the death of the patient or may be more than two levels of medical malpractice; (b) lead to the death of the patient or may be more than two levels of medical malpractice; and

(B) lead to the consequences of personal injury to more than three people.

(C) the state council administrative department of health and the people's governments of provinces, autonomous regions and municipalities directly under the central government health administrative department of other circumstances.

Article 15 the occurrence or discovery of medical negligence, medical institutions and their medical staff shall immediately take effective measures to avoid or mitigate the damage to the patient's health, to prevent the damage from expanding.

Article 16 In the event of a medical malpractice dispute, the record of the discussion of death cases, difficult cases, the record of the superior physician's examination records, consultation opinions, medical records shall be sealed and unsealed in the presence of both the doctor and the patient. Sealed medical records can be copies of the information, by the medical institution for safekeeping.

Article XVII suspected transfusion, blood transfusion, injections, drugs and other adverse consequences, doctors and patients shall jointly seal and unseal the scene of the physical, sealed by the medical institution for safekeeping; the need for testing, shall be jointly designated by both parties, according to law, with the qualifications of the inspection agency for testing; both sides can not be jointly designated by the administrative department of health designation.
Suspected that the blood transfusion caused adverse consequences, the need for blood sealing and retention, the medical institution shall notify the blood collection and supply institutions to provide the blood to send officers to the scene.

Article XVIII of the patient's death, doctors and patients can not determine the cause of death or the cause of death of disagreement, should be carried out within 48 hours after the death of the patient autopsy; with the conditions of freezing of the body, can be extended to 7 days. Autopsy should be agreed and signed by the next of kin of the deceased.

Autopsy should be in accordance with the relevant provisions of the state to obtain the appropriate qualifications of institutions and pathological anatomy professional and technical personnel. Institutions undertaking the task of autopsy and pathological anatomy professional and technical personnel have the obligation to carry out the autopsy.

Both parties to a medical malpractice dispute may invite forensic pathologists to participate in the autopsy, or they may appoint representatives to observe the autopsy process. If an autopsy is refused or delayed beyond the prescribed time, which affects the determination of the cause of death, the party who refuses or delays shall be held responsible.

Article 19 If a patient dies in a medical institution, the body shall be immediately moved to the morgue. The dead body shall not be stored for more than 2 weeks in general. If the dead body is not disposed of after the expiration of this period, it shall be disposed of by the medical institution in accordance with the regulations after being approved by the administrative department of health of the place where the medical institution is located and reported to the public security department of the same level for the record.

Collapse chapter III of the technical appraisal of medical accidents

Article 20 The administrative department of health receives the report of the medical institution on major medical negligence or the parties to the medical malpractice dispute requesting the handling of medical malpractice disputes, the need for technical appraisal of medical malpractice, shall be responsible for the medical malpractice technical appraisal of medical associations to organize the appraisal; doctors and patients to resolve the dispute between the two sides of the consultation of the medical malpractice, need to carry out the technical appraisal of medical malpractice by the two sides Jointly commissioned by the medical association responsible for the technical appraisal of medical accidents organization appraisal.

Article 21 The local medical associations at the municipal level and the counties (cities) under the direct jurisdiction of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for organizing the technical appraisal of medical accidents for the first time. Provinces, autonomous regions, municipalities directly under the Central Government is responsible for organizing the re-identification work.

When necessary, the Chinese Medical Association may organize the technical appraisal of difficult, complex and nationally significant medical malpractice disputes.

Article 22 If the parties concerned are not satisfied with the conclusion of the first technical appraisal of medical malpractice, they may, within 15 days from the date of receipt of the first appraisal, apply to the administrative department of health of the place where the medical institution is located for re-appraisal.

Article 23 is responsible for organizing the technical appraisal of medical malpractice medical association shall establish a pool of experts.

The expert pool shall consist of medical and health care professionals and technicians who have the following conditions:

(a) have good business quality and practicing ethics.

(ii) employed in medical and health institutions or medical teaching, research institutions and serve as the corresponding professional senior technical positions for more than three years.

Meet the conditions stipulated in subparagraph (a) of the preceding paragraph and have senior technical qualifications of forensic doctors can be hired into the expert pool.

The medical association responsible for organizing the technical appraisal of medical accidents shall, in accordance with the provisions of these Regulations, employ health care professionals and technicians and forensic doctors to enter the expert pool, and may be exempted from the restriction of administrative regions.

Article 24 The technical appraisal of medical malpractice shall be conducted by the expert appraisal group organized by the medical association responsible for organizing the technical appraisal of medical malpractice.

The experts of the relevant professions participating in the technical appraisal of medical accidents shall be randomly selected from the expert database by both the doctor and the patient under the auspices of the medical association. In special circumstances, the medical association in accordance with the needs of medical malpractice technical appraisal work, can organize doctors and patients in other medical associations to establish the expert database randomly selected experts in related professions to participate in the appraisal or letter of advice.

Medical and health care professionals and technicians and forensic doctors who meet the conditions stipulated in Article 23 of these Regulations shall be obliged to be employed to enter the expert pool and undertake the work of technical appraisal of medical accidents.

Article 25 expert appraisal group for the technical appraisal of medical accidents, the implementation of collegiality. Expert appraisal group for the number of singular, involving the main disciplines of experts generally shall not be less than one-half of the appraisal group; involving the cause of death, disability level appraisal, and should be randomly selected from the expert database of forensic doctors to participate in the expert appraisal group.

Article 26 The expert appraisal group members of one of the following circumstances, shall be recused, the parties may also apply for its recusal orally or in writing:

(A) is a medical malpractice dispute parties or close relatives of the parties;.

(ii) has an interest in the medical malpractice dispute; or

(C) with the parties to the medical malpractice dispute has other relations, may affect the fair appraisal.

Article 27 The expert appraisal team in accordance with the medical and health management laws, administrative regulations, departmental rules and regulations and diagnosis and treatment norms and routines, the use of medical science principles and professional knowledge, independent medical malpractice technical appraisal, medical malpractice identification and determination, to deal with medical malpractice disputes to provide the medical basis.

No unit or individual shall interfere with the work of technical appraisal of medical malpractice, and shall not threaten, induce, abuse or assault the members of the expert appraisal team.

The expert appraisal team members shall not accept any property or other benefits from both parties.

Article 28 The medical association responsible for organizing the technical appraisal of medical malpractice shall, within five days from the date of accepting the technical appraisal of medical malpractice, notify both parties to the dispute of medical malpractice to submit the materials required for the technical appraisal of medical malpractice.

The parties concerned shall, within 10 days from the date of receipt of the notification from the medical association, submit the materials, written statements and defense concerning the technical appraisal of medical malpractice. The materials submitted by the medical institution for technical appraisal of medical malpractice shall include the following:

(i) the original medical record of the hospitalized patient, the record of the discussion of the death case, the record of the discussion of the difficult case, the opinion of the consultation, the record of the examination by the superior physician, and other medical record information; and

(ii) the original medical records of the inpatient's hospitalization records, temperature list, medical orders, laboratory tests (test reports), medical imaging data, special examination consent, surgical consent, surgical and anesthesia records, pathological data, nursing records and other medical records; and

(C) rescue of patients in critical condition, the original medical records within the prescribed time to make up for the information; (D) sealed medical records; (E) medical records; (F) medical records; (G) medical records.

(D) sealed and retained infusion, injection items and blood, drugs and other physical objects, or the test qualification according to law, the testing organization of these items, physical test report;.

(e) Other materials related to the technical appraisal of medical accidents.

In medical institutions have built medical records of outpatient, emergency patients, their medical records provided by the medical institution; not in the medical institution to establish medical records, provided by the patient.

Doctors and patients shall submit the relevant materials in accordance with the provisions of these regulations. Medical institutions without justifiable reasons in accordance with the provisions of these regulations did not truthfully provide the relevant materials, resulting in medical malpractice technical appraisal can not be carried out, shall be held responsible.

Article 29 The medical association responsible for organizing the technical appraisal of medical malpractice shall, within 45 days from the date of receipt of the materials submitted by the parties concerned for the technical appraisal of medical malpractice, the written statement and the defense, organize the appraisal and issue the technical appraisal of medical malpractice.

The medical association responsible for organizing the technical appraisal of medical malpractice may investigate and collect evidence from both parties.

Article 30 The expert appraisal team shall carefully examine the materials submitted by both parties, listen to the statements and defense of both parties and verify.

Both parties shall, in accordance with the provisions of these Regulations, truthfully submit the materials required for the technical appraisal of medical malpractice and actively cooperate with the investigation. If either party fails to cooperate and affects the technical appraisal of medical malpractice, the party that fails to cooperate shall be held responsible.

Article 31 The expert appraisal team shall, on the basis of clear facts and solid evidence, comprehensively analyze the patient's condition and individual differences, make an appraisal conclusion and produce a technical appraisal of medical malpractice. Appraisal conclusions by a majority of the expert appraisal group members. The appraisal process should be faithfully documented.

Medical malpractice technical appraisal shall include the following main contents:

(a) the basic situation of the parties and requirements.

(ii) the materials submitted by the parties and the investigation materials of the medical association responsible for organizing the technical appraisal of medical malpractice; (iii) the investigation materials of the medical association responsible for organizing the technical appraisal of medical malpractice; and

(iii) A description of the appraisal process.

(d) Whether the medical behavior violates the laws, administrative regulations, departmental rules, and diagnosis and treatment norms and routines of health care management; and

(E) medical negligence and the consequences of personal injury, whether there is a causal relationship.

(F) medical negligence in the consequences of medical malpractice in the degree of responsibility.

(vii) The grade of medical malpractice.

(viii) the medical care of medical malpractice patients medical advice.

Article 32 The State Council health administrative department to develop technical appraisal of medical malpractice.

Article 33 One of the following circumstances is not a medical malpractice:

(a) in an emergency in order to save the life of dying patients and take emergency medical measures resulting in adverse consequences;.

(B) in medical activities due to the patient's condition is abnormal or the patient's special physical condition and the occurrence of medical accidents; (C) in the medical activities of the patient's condition is abnormal or the patient's special physical condition and the occurrence of medical accidents.

(C) in the existing medical science and technology conditions, the occurrence of unforeseen or can not be prevented by the adverse effects;; (D) without the medical accident.

(D) No fault blood transfusion infection causing adverse consequences; and

(E) Delayed diagnosis and treatment due to the patient's reasons leading to adverse consequences; and

(F) caused by force majeure adverse consequences.

Article 34 The technical appraisal of medical accidents, can charge appraisal fees. After identification, belongs to the medical malpractice, identification costs paid by the medical institution; does not belong to the medical malpractice, identification costs by the medical malpractice application for payment of the party. Appraisal fee standards by the provinces, autonomous regions and municipalities directly under the Central People's Government price department in conjunction with the same level of the financial sector, the health administrative department.

Folding chapter IV administrative treatment and supervision of medical malpractice

Article 35 The administrative department of health shall, in accordance with the provisions of these regulations and the relevant laws, administrative regulations, departmental rules, the occurrence of medical malpractice of medical institutions and medical personnel to make administrative treatment.

Article 36 The administrative department of health received by the medical institution on the major medical negligence report, in addition to ordering the medical institution to take timely and necessary medical treatment measures to prevent the expansion of the consequences of damage, shall organize an investigation to determine whether or not belongs to a medical incident; can not determine whether or not belongs to a medical incident, shall, in accordance with the relevant provisions of the Ordinance shall be responsible for the technical appraisal of medical accidents by the medical association to organize the appraisal of medical accidents. Article 37

Article 37 The occurrence of medical malpractice disputes, the parties apply for the administrative department of health, shall submit a written application. The application shall contain the basic situation of the applicant, the relevant facts, specific requests and reasons.

The parties concerned may, within one year from the date when they know or should know that their physical health has been harmed, apply to the administrative department of health for handling the medical malpractice dispute.

Article 38 Where a medical malpractice dispute occurs and the parties concerned apply to the administrative department of health for handling, the administrative department of health of the people's government at the county level where the medical institution is located shall accept the application. Where the location of the medical institution is a municipality directly under the central government, the application shall be accepted by the administrative department of health of the people's government of the district or county where the medical institution is located.

In one of the following cases, the health administrative department of the people's government at the county level shall transfer the case to the health administrative department of the people's government at the next higher level within seven days from the date of receipt of the report from the medical institution or the party concerned filing the application for handling the medical malpractice dispute:

(i) The death of the patient.

(ii) Medical malpractice that may be of grade two or above; and

(C) the health administrative department of the state council and the people's governments of provinces, autonomous regions and municipalities directly under the central government health administrative department of other circumstances.

Article 39 The administrative department of health shall, within 10 days from the date of receipt of an application for handling a medical malpractice dispute, conduct a review and make a decision on whether to accept the application. In line with the provisions of these regulations, to be accepted, the need for medical malpractice technical appraisal, shall, within 5 days from the date of acceptance of the decision will be the relevant materials to the medical association responsible for medical malpractice technical appraisal of the work of the medical association to organize the appraisal and notify the applicant in writing; does not comply with the provisions of these regulations, is not admissible, it shall be notified to the applicant in writing and the reasons for it.

The parties to the first technical appraisal of medical malpractice conclusions have objections, apply for reappraisal, the administrative department of health shall, within 7 days from the date of receipt of the application by the province, autonomous region, municipality directly under the Central Government, the local medical association to organize the reappraisal.

Article 40 The administrative department of health both to the administrative department of medical malpractice disputes, and to the people's court litigation, the administrative department of health shall not be accepted; the administrative department of health has been accepted, shall terminate the processing.

Article 41 The administrative department of health receives the medical association responsible for organizing the technical appraisal of medical accidents issued by the technical appraisal of medical accidents, shall participate in the appraisal of the qualifications of personnel and professional categories, the appraisal process for review; if necessary, may organize an investigation, listen to the views of the parties to the dispute over medical accidents.

Article 42 The administrative department of health after review, in line with the provisions of these regulations made by the technical appraisal of medical accidents, shall be used as a medical institution and medical personnel in the occurrence of medical accidents and medical personnel to make administrative treatment as well as the basis for mediation of medical malpractice compensation; review, found that the technical appraisal of medical accidents do not comply with the provisions of these regulations, shall require re-appraisal.

Article 43 The medical malpractice dispute by the parties to resolve their own negotiations, the medical institution shall, within 7 days from the date of settlement of the negotiation to the local health administrative department to make a written report, accompanied by a letter of agreement.

Article 44 the medical malpractice dispute by the people's court mediation or judgment, the medical institution shall receive the effective people's court mediation or judgment within 7 days from the date of the local health administrative department to make a written report, with a mediation or judgment.

Article 45 The health administrative department of the local people's government at or above the county level shall, in accordance with the regulations, report to the health administrative department of the State Council, level by level, the local occurrence of medical malpractice, as well as the administrative treatment of the medical institutions and medical personnel involved in the occurrence of medical malpractice in accordance with the law.

Collapse Chapter V Compensation for Medical Malpractice

Article 46 the occurrence of medical malpractice compensation and other civil liability disputes, doctors and patients can be negotiated to solve; unwilling to negotiate or consultation fails, the parties concerned may apply to the administrative department of health mediation, but also directly to the people's court to file a civil lawsuit.

Article 47 The parties negotiate to resolve the medical malpractice compensation and other civil liability disputes, shall make an agreement. The agreement shall set out the basic situation of the parties and the cause of the medical malpractice, the medical malpractice level jointly recognized by the parties and the amount of compensation determined by the negotiation, etc., and signed by both parties on the agreement.

Article 48 has been determined as medical malpractice, the health administrative department shall medical malpractice disputes between the parties request, can be medical malpractice compensation mediation. Mediation shall follow the principle of voluntariness of both parties and shall calculate the amount of compensation in accordance with the provisions of these Regulations.

After mediation, the parties to reach agreement on the amount of compensation, the production of mediation, the parties shall fulfill; mediation fails or mediation agreement after a party to repentance, the administrative department of health is no longer mediation.

Article 49 The compensation for medical malpractice, shall take into account the following factors, to determine the amount of specific compensation:

(a) the grade of medical malpractice.

(ii) the degree of responsibility of the medical negligent behavior in the consequences of medical malpractice damage; and

(iii) the relationship between the damage consequences of the medical malpractice and the patient's pre-existing disease condition.

If it does not belong to medical malpractice, the medical institution shall not be liable for compensation.

Article 50 Compensation for medical malpractice shall be calculated in accordance with the following items and standards:

(a) Medical expenses: medical expenses incurred in treating the personal damage caused to the patient by the medical malpractice shall be calculated and paid on the basis of the evidence, but excluding the medical expenses for the original disease. If continued treatment is really needed after the case is closed, it shall be paid in accordance with the basic medical expenses.

(ii) Lost wages: if the patient has a fixed income, according to the fixed income of the patient reduced by lost wages, the income is higher than the average annual wage of the employee on the site of the medical malpractice for more than three times, according to three times the calculation; if there is no fixed income, according to the average annual wage of the employee on the site of the medical malpractice.

(c) Hospitalized meal allowance: calculated in accordance with the standard of meal allowance for the general staff of the state organs in the place where the medical malpractice occurred.

(d) Accompanying fee: if the patient needs to be accompanied by a person during hospitalization, the fee shall be calculated according to the average annual salary of the employee in the year of the place where the medical malpractice occurred.

(e) Disability living allowance: according to the disability grade, calculated in accordance with the average annual cost of living of the residents in the place where the medical malpractice occurred, and the maximum compensation is 30 years from the month when the disability is determined; however, if the patient is over 60 years of age, it shall not be more than 15 years; if the patient is over 70 years of age, it shall not be more than 5 years.

(F) Disability appliances: If the disability requires the allocation of compensatory functional appliances, the cost is calculated in accordance with the cost of universal appliances with the certificate of the medical institution.

(vii) Funeral expenses: calculated in accordance with the funeral expense subsidy standard stipulated in the place where the medical incident occurred.

(viii) Living expenses for dependents: calculated in accordance with the minimum living standard of the residents in the place of domicile or residence, subject to the limit of the person who actually supported the deceased during his/her lifetime or the disabled person before he/she lost his/her ability to work and did not have the ability to work. For those who are under 16 years of age, they shall be supported until they reach 16 years of age. For those who have reached the age of 16 but are incapable of labor, support for 20 years; however, for those who are 60 years of age or older, no more than 15 years; for those who are 70 years of age or older, no more than 5 years.

(ix) Transportation expenses: calculated according to the actual necessary transportation expenses of the patient, and paid with the documents.

(J) Accommodation expenses: calculated in accordance with the standard of business trip accommodation allowance for general staff of the state organs in the place where the medical malpractice occurs, and paid on the basis of supporting documents.

(xi) Compensation for moral damage: calculated in accordance with the average annual cost of living of residents in the place where the medical malpractice occurred. If it causes the death of the patient, the compensation shall be for a maximum period of not more than six years; if it causes the disability of the patient, the compensation shall be for a maximum period of not more than three years.

Article 51 The transportation, lost labor and accommodation expenses required by the close relatives of the patient participating in the medical malpractice shall be calculated with reference to the relevant provisions of Article 50 of these Regulations, and the number of persons for whom the expenses are calculated shall not exceed two.

Where a medical malpractice results in the death of a patient, the transportation, work-loss and accommodation expenses required by the spouse and immediate family members of the patient participating in the funeral activities shall be calculated with reference to the relevant provisions of Article 50 of these Regulations, and the number of persons involved in the calculation of the expenses shall not be more than two.

Article 52 The compensation costs for medical malpractice shall be settled in one lump sum and paid by the medical institution which bears the responsibility for the medical malpractice.

Collapse Chapter VI Penalties

Article 53 If a staff member of the administrative department of health violates the provisions of these Regulations in the course of dealing with a medical malpractice, takes advantage of the convenience of his position to accept other people's property or other benefits, abuses his power, neglects his duty, or finds out that a violation of the law is not investigated or dealt with and serious consequences are caused, the staff member shall, in accordance with the Criminal Law on the crimes of accepting bribes, abusing power, neglecting duty or other relevant crimes, be held criminally responsible according to the law; if the criminal penalty is not yet sufficient, he shall be sentenced to a punishment of imprisonment of one year. If the criminal punishment is not sufficient, the administrative punishment of demotion or dismissal shall be given according to law.

Article 54 The health administrative department in violation of the provisions of these Regulations, one of the following circumstances, the higher health administrative department shall give a warning and order a deadline for correction; the circumstances are serious, the competent person in charge and other directly responsible personnel shall be given administrative sanctions according to law:

(A) received a report from the medical institution on the major medical negligence, did not promptly organize an investigation;.

(ii) upon receipt of an application for the handling of a medical malpractice dispute, failing to review it within a specified period of time or transfer it to the health administrative department of the people's government of the next higher level for handling; and

(C) should be carried out technical appraisal of medical errors or medical malpractice should not be major medical negligence or medical malpractice disputes transferred to the medical association to organize the appraisal;; and

(D) not in accordance with the provisions of the local level by level to the occurrence of medical accidents and medical institutions and medical personnel in accordance with the law on the occurrence of medical accidents in the administrative handling of the situation reported;; and

(E) not in accordance with the provisions of these Regulations to review the technical appraisal of medical accidents.

Article 55 of the medical institutions in the event of a medical incident, by the health administrative department according to the level of medical accidents and the circumstances, given a warning; the circumstances are serious, ordered to suspend rectification until the original licensing department revoke the license to practice, the responsible medical personnel in accordance with the criminal law on the crime of medical malpractice, shall be investigated for criminal liability; not yet enough to be criminally punished, shall be given administrative or disciplinary action.

Medical personnel involved in medical accidents, in addition to the preceding paragraph of the penalty, the health administrative department and may order the suspension of 6 months more than 1 year or less of practice; the circumstances are serious, revocation of their practicing certificates.

Article 56 The medical institutions in violation of the provisions of this regulation, one of the following circumstances, the administrative department of health shall order rectification; the circumstances are serious, the supervisors responsible and other personnel directly responsible for administrative or disciplinary action according to law:

(A) failure to truthfully inform the patient's condition, medical measures and medical risks;.

(ii) Refusing to provide patients with services of copying or reproducing medical record information without justifiable reasons; (iii) Failing to provide patients with services of copying or reproducing medical record information without justifiable reasons; and

(C) not in accordance with the requirements of the State Council administrative department of health writing and proper storage of medical records data;; (D) not in accordance with the requirements of the State Council administrative department of health writing and proper storage of medical records information; and

(D) failure to make up the medical records of rescue work within the prescribed time; (E) not in accordance with the requirements of the State Council administrative department of health; (F) failure to write and properly store medical records; (G) failure to make up the medical records of rescue work within the prescribed time

(E) not in accordance with the provisions of these Regulations sealing, storage and unsealing of medical records and physical materials.

(F) Failure to set up a medical service quality control department or staffed with full-time (part-time) staff.

(G) not formulate a plan for the prevention and treatment of medical accidents.

(H) failure to report to the health administrative department within the prescribed time of major medical negligence; (I) not to report to the administrative department of health; (J) to report to the health administrative department within the prescribed time of major medical negligence

(I) not in accordance with the provisions of these Regulations to the administrative department of health to report medical errors;; (J) not in accordance with the provisions of these Regulations to the administrative department of health; and

(j) Failure to conduct an autopsy and preserve and dispose of the body in accordance with the provisions.

Article 57 to participate in the technical appraisal of medical accidents in violation of the provisions of these Regulations, accept the application for appraisal of both parties or one of the parties to the property or other benefits, issued a false technical appraisal of medical accidents, resulting in serious consequences, in accordance with the Criminal Law on the crime of accepting bribes, shall be held criminally responsible; not yet enough to be criminally punished, by the original issuance of the license department shall revoke its certificate of practice or qualification certificate.

Article 58 The medical institutions or other relevant institutions in violation of the provisions of these Regulations, one of the following circumstances, the health administrative department shall order correction, give a warning; the responsible supervisory personnel and other directly responsible personnel shall be given administrative or disciplinary action; the circumstances are serious, by the original issuance of the department shall revoke its practicing certificate or qualification certificate:
(A) undertake the task of autopsy of the organization without a valid reason, refused to carry out an autopsy;.

(ii) altering, falsifying, concealing or destroying medical record information.

Article 59 Anyone who, on the grounds of medical malpractice, provokes trouble or seizes medical record information and disrupts the normal medical order of a medical institution and the technical appraisal of medical malpractice shall be held criminally liable in accordance with the Criminal Law on the crime of disrupting the social order, and shall be subject to public security administration penalties in accordance with the law if the criminal penalties are not yet sufficient.

Collapse Chapter VII Bylaws

Article 60 The medical institutions referred to in these Regulations are those institutions that have obtained the License to Practice in Medical Institutions in accordance with the provisions of the Regulations on the Administration of Medical Institutions.

Institutions engaged in family planning technical services in cities above the county level that carry out clinical medical services related to family planning in accordance with the provisions of the Regulations on the Administration of Family Planning Technical Services, and accidents in family planning technical services that occur shall be dealt with in accordance with the relevant provisions of these Regulations; however, accidents in family planning technical services that occur in institutions engaged in family planning technical services in cities above the county level that are not medical institutions shall be dealt with by the The administrative department of family planning to exercise in accordance with the relevant provisions of these Regulations by the administrative department of health acceptance, referred to the medical association responsible for the technical appraisal of medical accidents to organize the identification and compensation mediation functions; the occurrence of family planning technical service accidents in the institution and its relevant personnel responsible for the treatment in accordance with the law.

Article 61 The illegal practice of medicine, resulting in personal injury to patients, is not a medical incident, a violation of criminal law, shall be investigated for criminal liability; the compensation, the victim directly to the people's court.

Article 62 The military medical institutions of medical malpractice, by the People's Liberation Army health department in charge of the State Council in conjunction with the health administrative department in accordance with these Regulations.

Article 63 These Regulations shall come into force on September 1, 2002, and the Measures for Handling Medical Accidents issued by the State Council on June 29, 1987 shall be repealed at the same time. Medical malpractice disputes that have been settled before the implementation of these Regulations shall not be reopened.

 

 

 

 

 

 

Regulations of the People's Republic of China on the Administration of Public Security

 

 

 

1. Chapter I

General Provisions

Article 1 These Regulations are enacted for the purpose of strengthening the administration of public security, maintaining social order and public safety, protecting the lawful rights and interests of citizens, and safeguarding the smooth progress of socialist modernization.

Article 2 disturbing the social order, jeopardizing public security, violating the personal rights of citizens, and infringing on public or private property, constitutes a crime in accordance with the provisions of the Criminal Law of the People's Republic of China, shall be investigated for criminal responsibility; not yet sufficient for criminal punishment, should be given the punishment of public security management, shall be punished in accordance with these Regulations.

Article 3 in the People's Republic of China in the field of violation of public security management behavior, in addition to special provisions of the law, the application of these regulations. These Regulations shall also apply to violations of public security administration committed on board ships or aircraft of the People's Republic of China.

Article 4 The public security organs shall adhere to the principle of combining education and punishment for those who violate public security administration.

Article 5 for civil disputes caused by fighting or destruction of other people's property and other violations of public security management, the circumstances are minor, the public security organs can mediate to deal with.

Chapter II

Types and application of punishment

Article 6 The penalties for violation of public security management are divided into the following three kinds.

1. warning.

2. a fine of not less than one yuan and not more than two hundred yuan. If Articles 30, 31 and 32 of these Regulations provide otherwise, they shall be applied in accordance with the provisions. 3.

3. Detention: not less than one day and not more than fifteen days.

Article 7: Property obtained by violating public security administration and contraband seized shall be returned to the original owner or confiscated in accordance with the provisions. Tools owned by the person who violates public order management may be confiscated in accordance with the provisions. The specific measures shall be separately prescribed by the Ministry of Public Security.

Article 8 violation of public order management caused by the loss or injury, by the violation of public order management to compensate for the loss or bear the medical expenses, if the violation of public order management is incapacitated or limited capacity to act, I can not afford to pay compensation or burden, by their guardians shall be responsible for the compensation or burden in accordance with the law.

Article 9 has reached the age of fourteen years less than eighteen years of age violates the public security management, less severe punishment; less than fourteen years of age violates the public security management, exempt from punishment, but can be admonished, and ordered his guardian to strict discipline.

Article 10 mentally ill persons who violate public security management when they cannot recognize or control their own behavior shall not be punished, but their guardians shall be ordered to exercise strict supervision and treatment. An intermittent mental patient who violates the public security administration when he is mentally normal shall be punished.

Article 11 A deaf and dumb person or a blind person who violates public security administration due to a physical defect shall not be punished.

Article 12 An intoxicated person who violates the administration of public security shall be punished. An intoxicated person who, in his state of intoxication, is a danger to himself or a threat to the safety of others shall be restrained until he sobers up.

Article 13 If a person commits two or more violations of public security administration, the sentences shall be adjudicated separately and enforced together.

Article 14 Where two or more persons jointly violate the public security administration, they shall be punished separately according to the severity of the circumstances. If a person abets or coerces or entices another person to violate public security administration, he shall be punished in accordance with the act he has abetted, coerced or enticed.

Article 15 agencies, organizations, enterprises, institutions in violation of public order management, punishment of directly responsible personnel; unit supervisors instructed, and at the same time punish the supervisors.

Article 16 violation of public security management in one of the following circumstances, may be mitigated or exempted from punishment.

1. the circumstances are particularly minor; 2.

2. the initiative to recognize the error in time to correct; 3.

3. due to other people's coercion or enticement.

Article 17 violation of public security management in one of the following circumstances, may be severely punished.

1. there are more serious consequences; 2.

2. coercion, enticement of others or abetting a person under 18 years of age to violate public security management.

3. retaliating against informants or witnesses; 4. repeating the offense; or

4. repeating the offense.

Article 18 If a violation of public security management is not discovered by the public security authorities within six months, no further punishment shall be imposed. The time limit in the preceding paragraph shall be calculated from the date on which the act of violating public security administration occurs; if the act of violating public security administration is consecutive or continues, it shall be calculated from the date on which the act ends.

Chapter III

Violation of public order management behavior and punishment

Article 19 Anyone who commits one of the following acts of disturbing public order, which are not yet punishable by criminal penalties, shall be sentenced to detention of not more than fifteen days, a fine of not more than two hundred yuan, or a warning.

1. disrupting the order of institutions, organizations, enterprises or institutions so that work, production, business, medical treatment, teaching or scientific research cannot be carried out normally, and has not yet caused any serious damage

2. disrupting the order of stations, wharves, civil aviation stations, markets, shopping malls, parks, theaters, amusement parks, stadiums, exhibition halls or other public places; or

3. disrupting the order of public transportation such as buses, trams, trains, ships, etc.; or

4. engaging in gang fights, provoking trouble, insulting women or engaging in other hooligan activities; or

5. fabricating or distorting facts, intentionally spreading rumors, or inciting to disturb the social order by other means

6. falsely reporting a dangerous situation and creating confusion; or

7. refusing or obstructing a state official in the performance of his duties in accordance with the law without resorting to violence or threatening methods.

Article 20 Anyone who commits any of the following acts that jeopardize public security shall be sentenced to detention of not more than fifteen days, a fine of not more than two hundred yuan, or a warning.

1. illegally carrying or storing firearms or ammunition, or committing other acts in violation of the regulations on the management of firearms, which are not yet punishable by criminal penalties

2. producing, selling, storing, transporting, carrying or using dangerous goods in violation of the regulations on the management of explosives, highly toxic, flammable or radioactive dangerous goods, which has not yet resulted in serious consequences and is not yet punishable by criminal penalties; or

3. illegally manufacturing, trafficking, carrying daggers, three-pronged knives, spring-loaded knives or other control knives; and

4. operating hotels, restaurants, theaters, amusement parks, stadiums, exhibition halls or other places for the masses to gather, violating safety regulations, and failing to rectify the situation after being notified by the public security authorities.

5. the organization of mass gatherings or cultural, entertainment, sports, exhibitions, fairs and other mass activities, do not take appropriate safety measures, by the public security organs of the notice does not correct; 6. violation of the ferry, ferry, ferry, ferry, ferry, ferry, ferry, ferry, ferry, ferry, ferry, ferry, ferry, ferry, ferry, ferry.

6 violation of the ferry, ferry safety regulations, notified by the public security organs do not correct.

7. disobeying the advice to board the ferry, causing the ferry to be overloaded or forcing the ferry driver to violate the safety regulations and take risks in sailing, which is not enough to be criminally punished.

8. digging pits, placing obstacles, damaging or moving signs on railroads, highways, waterways or dams, which may affect the safety of transportation, and is not yet punishable by criminal law.

Article 21 Anyone who commits any of the following acts that jeopardize public safety shall be fined not more than two hundred yuan or given a warning.

1. installing or using a civilian shooting range that does not comply with safety regulations

2. installing or using an electric power grid without authorization, or installing or using an electric power grid that does not comply with safety regulations and has not yet caused serious consequences; or

3. construction in places where vehicles and pedestrians pass, or not setting up coverings, signs or fences for ditches, wells and caves, or intentionally destroying or moving coverings, signs or fences.

Article 22 Anyone who commits one of the following acts of infringing on the personal rights of others, which are not yet punishable by criminal penalties, shall be sentenced to detention of not more than fifteen days, a fine of not more than two hundred yuan, or a warning.

1. assaulting another person, resulting in minor injuries

2. unlawfully restricting another person's personal freedom or unlawfully intruding into another person's home; or

3. publicly insulting another person or fabricating facts to slander another person; or

4. abusing a family member, and the abused person asks for treatment; and

5. writing threatening letters or using other methods to threaten another person's safety or interfere with another person's normal life; or

6. coercing or enticing a person under 18 years of age to perform a horrible or cruel program that destroys his or her physical or mental health.

7. Concealing, destroying or privately opening another person's mail or telegrams.

Article 23 Anyone who commits any of the following acts against public or private property, which are not yet punishable by criminal penalties, shall be sentenced to detention of not more than fifteen days or a warning, and may be singly or concurrently fined not more than two hundred yuan.

1. stealing, cheating, snatching a small amount of public or private property

2. coaxing the state, collective or individual property; 3. extortion of public or private property; or

3. extortion of public or private property; 4. intentional damage to public or private property; or

4. intentionally damaging public or private property.

Article 24 Anyone who commits any of the following acts of disrupting social order shall be sentenced to less than fifteen days' detention, a fine of less than two hundred yuan, or a warning.

1. harboring, destroying or transferring stolen goods, knowing that they are not yet punishable by criminal penalties, or purchasing stolen goods, knowing that they are stolen; or

2. selling bus tickets, boat tickets, tickets for cultural performances or sports events and other tickets, which is not enough for criminal punishment.

3. taking opium, injecting morphine and other drugs in violation of the government's prohibition; and

4. utilizing the activities of the Society of Doctors or feudal superstitions to disrupt social order, jeopardize the public interest, harm the health of others, or obtain property by deception, which is not enough to be criminally punished.

5. stealing and driving other people's motor vehicles; and

6. violating the regulations on the registration and management of social organizations, carrying out activities in the name of a social organization without registration, or carrying out activities in the name of a social organization even after it has been de-registered, explicitly dissolved, or banned, which is not enough to be criminally punished; and

7. criminals who have been subjected to control, deprivation of political rights or are on probation, parole, medical parole and other extra-prisoner sentences, or those who have been subjected to criminal compulsory measures according to the law, have violated the laws, administrative regulations and relevant supervision and management provisions of the public security department of the State Council, and have not yet constituted a new crime; and

8. impersonating a state functionary for the purpose of soliciting and defrauding, which is not yet punishable by criminal penalties.

Article 25 disrupting social order, one of the following items 1 to 3, a fine of not more than 200 yuan or a warning; one of the following items 4 to 7, a fine of not more than 50 yuan or a warning.

1 in the underground, internal waters, territorial waters and other places where cultural relics are found hidden and not reported, and not surrendered to the state.

2. engraving industry to bear the official seal in violation of the management regulations, has not yet caused serious consequences; and

3. intentional defacement of state-protected cultural relics, monuments and sculptures in public places, not enough for criminal punishment.

4 intentionally damaged or unauthorized movement of street signs, traffic signs; 5. intentional destruction of street lights, traffic signs.

5 intentionally damaged street lamps, mailboxes, public telephones or other public facilities, not enough for criminal punishment.

6. violating the regulations, destruction of lawns, flowers, trees.

7 violation of the regulations, the use of audio equipment in the town, the volume is too loud, affecting the work or rest of the surrounding residents, do not listen to stop.

Article 26 violation of fire management, one of the following items 1 to 4, shall be sentenced to less than ten days of detention, a fine of less than one hundred yuan or a warning; one of the fifth to eighth, shall be sentenced to a fine of less than one hundred yuan or a warning.

1. violating the prohibition of smoking or using open flame in places where flammable or explosive materials are found; or

2. intentionally obstructing the passage of fire engines or fireboats or disturbing the order of the fire scene, not enough for criminal punishment; and

3. refusing to carry out the command of the fire scene commander, affecting the fire-fighting and disaster relief.

4. causing a fire through negligence, which has not yet caused serious damage; 5. directing or forcing others to do the same

5. directing or forcing others to violate fire safety regulations, risky operations, has not yet caused serious consequences; 6. violation of fire safety regulations, occupying a fire, but not enough to criminal punishment.

6 violation of fire safety regulations, occupying the fire distance, or scaffolding, building, digging ditches, walls blocking the fire trucks channel; 7.

7 buried, encircled or damaged fire hydrants, pumps, water towers, cisterns and other firefighting facilities or firefighting equipment, equipment for other purposes, by the public security organs notify the non-corrective; 8 major fire hazards.

8. there are major fire hazards, the public security organs notified by the failure to correct.

Article 27 violation of traffic management, one of the following items 1 to 6, shall be sentenced to less than fifteen days of detention, a fine of less than two hundred yuan or a warning; one of the seventh to eleventh, shall be sentenced to a fine of less than fifty yuan or a warning.

1 misappropriation, borrowing motor vehicle license plate or driver's license; 2.

2. driving a motor vehicle without a driver's license or while intoxicated, or giving a motor vehicle to a person without a driver's license to drive

3. in the city assembly, parade, violating the relevant provisions of the obstruction of traffic, do not listen to the police command.

4. unreasonably stopping vehicles or forcibly boarding vehicles affect the normal operation of the vehicle, do not listen to persuasion; 5.

5 in the public security organs above the county level expressly prohibit the passage of the area, forcibly pass, do not listen to the public security officers to dissuade; 6 violation of traffic rules, resulting in traffic congestion.

6. violating traffic rules, causing traffic accidents, not yet enough for criminal punishment.

7. driving a motor vehicle that has not been inspected and approved by the traffic management department; and

8. driving a motor vehicle whose parts are not in compliance with safety requirements; and

9. driving a motor vehicle after drinking alcohol; or

10. directing or forcing the driver of a vehicle to violate traffic rules; and

11. without the approval of the competent authorities, erecting scaffolds, building houses, setting up stalls, piling up objects or otherwise obstructing traffic on the streets.

Article 28 Anyone who commits any of the following violations of traffic regulations shall be fined not more than five yuan or given a warning.

1. driving a motor vehicle in violation of loading, speed regulations or traffic signs and signals.

2. non-motorized vehicle drivers or pedestrians violate traffic rules; 3. in the traffic management department expressly ordered the traffic management department.

3. parking vehicles in places where the traffic management department expressly prohibits the parking of vehicles; 4. illegally mounted on a motor vehicle.

4. illegally installing or using special sound alarms or sign lamps on motor vehicles.

Article 29 violates the management of household registration or resident identity card, one of the following acts from the first to the third, shall be sentenced to a fine of not more than fifty yuan or a warning; the fourth or fifth act, shall be sentenced to a fine of not more than one hundred yuan or a warning.

1. failing to declare a household registration or apply for a resident's identity card in accordance with the regulations, and refusing to rectify the situation after being notified by the public security authorities; or

2. falsely declaring one's household registration or fraudulently using another person's household registration or identity card; or

3. intentionally altering household registration documents.

4. the management of the hotel does not follow the provisions of the registration of travelers; and

5. renting out houses or beds for accommodation without registering the household registration of the lodgers in accordance with the regulations.

Article 30 strictly prohibits prostitution, procuring and sleeping with prostitutes, and procuring or tolerating prostitution, procuring and sleeping with prostitutes, and violators shall be sentenced to less than fifteen days' detention, warned, ordered to make a statement of repentance, or reeducation through labor in accordance with the provisions of the law, and may be sentenced to a fine of not more than 5,000 yuan; if a crime is constituted, the person concerned shall be investigated for criminal responsibility in accordance with the law. Anyone who prostitutes a young girl under the age of 14 shall be punished for the crime of rape in accordance with the provisions of article 139 of the Criminal Law.

Article 31 strictly prohibits the cultivation of poppies and other narcotic plants in violation of government regulations; offenders, in addition to eradicating the poppies and other narcotic plants they have planted, shall be sentenced to detention of not more than fifteen days, and may be singly or concurrently fined not more than three thousand yuan; if a crime is constituted, they shall be held criminally liable in accordance with the law. Illegal transportation, trade, storage, use of poppy husk, seizure of illegal transportation, trade, storage, use of poppy husk, shall be sentenced to less than fifteen days of detention, may be singly or in addition to a fine of less than three thousand yuan; constitutes a crime, shall be investigated for criminal responsibility.

Article 32 strictly prohibits the following acts.

1. gambling or providing conditions for gambling

2. making, copying, selling, renting or distributing obscene books, pictures, videos or other obscene materials.

Anyone who commits any of the above acts shall be sentenced to detention for not more than fifteen days, and may be fined not more than three thousand yuan; or be subjected to re-education through labor in accordance with the provisions of the law; and if the act constitutes a crime, shall be investigated for criminal responsibility in accordance with the law.

Chapter Four

Ruling and Enforcement

Article 33 of the violation of public security management of punishment, by the county, city public security bureau, public security bureau or the equivalent of the county-level public security organs to adjudicate. Warnings and fines of less than fifty yuan may be adjudicated by the public security police station; in rural areas where there is no public security police station, the public security organ may delegate the adjudication to the people's government of the township (town).

Article 34 If a person who has violated public security administration is given a warning or fined less than fifty yuan, or if the amount of the fine exceeds fifty yuan, and the person being punished has no objection, he may be punished on the spot by public security officers. The following procedures shall apply to other punishments imposed on a person who violates public security administration.

1. Summoning. If the public security organ needs to summon a person who has violated the public security administration, it shall use a summons. A person found on the spot to have violated the public security administration may be summoned orally. If a person fails to accept the summons without a valid reason or evades the summons, the public security organ may compel him or her to be summoned.

2. Interrogation. A person who violates public security administration shall answer truthfully to the public security authorities' questioning. The interrogation shall be transcribed; the person being interrogated shall sign or stamp the transcript after checking that it is correct, and the interrogator shall also sign the transcript.

3. Collection of evidence. Public security organs to collect evidence, the relevant units and citizens should actively support and assist. When questioning witnesses, witnesses shall reflect the situation truthfully, and the questioning shall be recorded. Witnesses shall sign or seal the transcript after checking that it is correct.

4. Ruling. After interrogation and verification, violation of public security management behavior facts and evidence, in accordance with the relevant provisions of this Ordinance ruling. The ruling shall be completed and shall be immediately announced to the person. The ruling shall be made in triplicate. One copy shall be given to the person against whom the ruling is made, one copy shall be given to the unit in which the person against whom the ruling is made, and one copy shall be given to the public security police station where the person against whom the ruling is made usually resides. The unit and the public security police station at the place of permanent residence shall assist in the execution of the ruling.

5. The public security organs shall, after summoning a person who has violated public security administration, promptly question and investigate the person. Where the situation is complex and the penalty of detention is applicable in accordance with the provisions of these Regulations, the time for interrogation and verification shall not exceed twenty-four hours.

Article 35 A person subject to the punishment of detention shall, within a limited period of time, go to the designated detention center to receive the punishment. In the event of resistance to execution, it shall be enforced. During the period of detention, the detainee shall pay for his own meals.

Article 36 A person punished by a fine shall pay the fine on the spot to a public security officer or deliver it to the designated public security organ within five days after receiving the notice of the fine or the ruling. If the person fails to pay the fine without a valid reason, the fine may be increased by one to five yuan per day. A person who refuses to pay the fine may be detained for up to fifteen days, and the fine shall remain enforceable. Upon receipt of the fine, the public security organ or public security officer shall issue a receipt for the fine to the person being fined. The entire fine shall be turned over to the State Treasury.

Article 37 The adjudicating authority shall issue a receipt to the confiscated person for the confiscated property. All confiscated property shall be turned over to the State Treasury. If the property is stolen, looted, fraudulently obtained or extorted from another person, except for contraband, and if the original owner is identified within six months, it shall be returned to the original owner in accordance with the law.

Article 38 is ruled to compensate for the loss or bear the medical expenses, shall within five days after receipt of the award will be paid to the adjudicating authority on behalf of the transfer of the costs; the amount of a larger sum, can be paid in installments. Refusal to pay, the adjudicating authority shall notify his unit to deduct from his salary, or seize property to offset.

Article 39 is ruled by the public security management punishment or the aggrieved person is not satisfied with the public security organs or township (township) people's government ruling, within five days after receipt of the notification, may be to the next higher level of public security organs, by the next higher level of public security organs in the receipt of the complaint within five days to make a decision; not satisfied with the decision of the next higher level of public security organs, may be notified within five days of the local people's court to file a lawsuit.

Article 40 Where a complaint is lodged or a lawsuit is brought against a public security administration penalty, the original ruling shall continue to be enforced during the period of the complaint and the lawsuit. Where a person who has been detained under a ruling or his family members are able to find a guarantor or post a bond in accordance with the regulations, the execution of the original ruling shall be suspended during the period of complaint and litigation. When the ruling is revoked or execution begins, the bond shall be refunded in accordance with the regulations.

Article 41 In enforcing these Regulations, public security officers shall strictly observe the law and discipline, enforce the law impartially, and shall not show favoritism or malpractice. It is prohibited to scold, abuse or insult those who violate public security management. Those who violate it shall be given administrative sanctions; if they constitute a crime, they shall be held criminally liable in accordance with the law.

Article 42 of the public security organs of the public security management punishment given to the citizens of the error, shall be punished to the punished person to recognize the error, the return of fines and confiscated property; the lawful rights and interests of the punished person caused damage, shall compensate for the loss.

Chapter V

Supplementary Provisions

Article 43 of these regulations said above, below, within, all include this number.

Article 44 of the implementation of penalties for violations of traffic management, the State Council shall be formulated separately.

Article 45 These Regulations shall come into force on January 1, 1987. The Regulations of the People's Republic of China on Penalties for Administration of Public Security promulgated on October 22, 1957 shall be repealed at the same time.

 

Hospitalized patients should comply with what rules

 

1. Hospitalized patients shall abide by the rules of hospitalization, follow the instructions of medical and nursing staff, work closely with medical and nursing staff, submit to treatment and care, and rest and recuperate at ease. 

2. Hospitalized patients should observe the ward work and rest time, keep the environment inside and outside the hospital room clean and quiet, do not spit, do not smoke and make noise inside the room. 

3, inpatient diet should follow the doctor's decision, can not be changed; outside the hospital to send in the diet, must be agreed by the doctor or nurse before eating. 

4. The inpatients shall not invite the doctors outside the hospital for consultation and treatment; they shall not ask the doctors for unnecessary treatments or medicines by name; and they shall not buy medicines outside the hospital for taking.

5. The inpatients are not allowed to enter the clinic without permission; they are not allowed to read the medical records and other relevant medical records.

6, in-patients shall not go out or stay outside the hospital at will; if there are special circumstances, they shall be approved by the doctor before leaving.  

7, inpatients should take care of public property, if any damage shall be compensated according to the price. Pediatric patients who damage things unintentionally can be dealt with at their own discretion.

8, hospitalized patients can bring the necessary daily necessities, other items are not allowed to bring in. Valuable belongings should be kept by themselves to prevent loss.  

9, in order to avoid cross-infection, patients shall not mess around the ward or change beds by themselves, non-visiting time can not meet guests. 

10, hospitalized patients can always put forward their opinions on the work of the hospital to help the hospital improve. 

11, hospitalized patients who do not comply with the hospital rules or violates the discipline, the hospital should be given to discourage education, if necessary, notify their work units or ask the relevant departments to deal with.