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Regulations of Ningbo Municipality on Prevention and Disposal of Medical Disputes (revised in 2020)
Chapter I General Provisions Article 1 In order to prevent and handle medical disputes according to law, protect the legitimate rights and interests of patients, medical institutions and their medical personnel, maintain medical order and ensure medical safety, these Regulations are formulated in accordance with the Tort Liability Law of People's Republic of China (PRC), the Measures for Solving People's Opinion Surveys in People's Republic of China (PRC) and China, and the Regulations on the Prevention and Handling of Medical Disputes, in combination with the actual situation of this Municipality. Article 2 These Regulations shall apply to the prevention and disposal of medical disputes within the administrative area of this Municipality. The medical disputes mentioned in these Regulations refer to the disputes caused by medical activities such as diagnosis, treatment and nursing between medical institutions and patients. Article 3 The prevention and handling of medical disputes shall follow the principles of putting prevention first, handling according to law, fairness and justice, and facilitating the people in time. Article 4 The municipal and county (city) district people's governments shall establish a coordination mechanism for the prevention and disposal of medical disputes, urge relevant departments to prevent and dispose of medical disputes according to law, and coordinate and solve major problems in the prevention and disposal of medical disputes.

The administrative department of health is responsible for guiding and supervising medical institutions to do a good job in the prevention and disposal of medical disputes.

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

The public security organs are responsible for maintaining the public order of medical institutions and supervising and guiding the internal public security work of medical institutions.

Insurance supervision and management institutions shall be responsible for the supervision and management of medical liability insurance in accordance with the relevant provisions of the state. Article 5 The township people's governments (street offices) and village (neighborhood) committees of the patients' locations and residences shall cooperate in handling medical disputes. Sixth city and county (city) District People's Mediation Committee for medical disputes, responsible for the people's mediation of medical disputes within their respective administrative areas.

People's mediation of medical disputes should follow the principles of voluntariness, legality and equality, and respect the rights of the parties.

The People's Mediation Committee for Medical Disputes does not charge fees for mediating medical disputes, and the funds for mediation work are guaranteed by the people's government at the same level. Article 7 This Municipality shall establish and improve the medical risk sharing mechanism, and give play to the role of the insurance mechanism in the third-party compensation and socialized medical risk sharing in the handling of medical disputes.

Public medical institutions shall participate in medical liability insurance in accordance with the relevant provisions of the state, province and this Municipality, and encourage other medical institutions to voluntarily participate in medical liability insurance.

Medical institutions participating in medical liability insurance shall pay their medical liability insurance premiums from the operating expenses of medical institutions.

Encourage patients to participate in medical accident insurance. Article 8 An insurance institution undertaking medical liability insurance may reasonably determine the insurance premium rate according to the principle of guaranteed capital and meager profit, and implement a differential premium rate floating mechanism according to the occurrence of medical disputes in different medical institutions over the years. Article 9 The news media should play the role of propaganda, guidance and supervision of news public opinion, advocate the establishment of a civilized and harmonious relationship between doctors and patients, and promote the effective prevention and legal disposal of medical disputes. Chapter II Prevention and Control Article 10 The administrative department of health shall strengthen the supervision and management of the practice of medical institutions, urge medical institutions and their medical staff to improve the quality of medical services, ensure medical safety and safeguard the rights and interests of patients.

Social organizations such as medical and health industry associations should strengthen self-discipline in the medical and health industry and promote medical institutions and their medical staff to practice in good faith. Eleventh medical institutions should establish and improve the medical quality monitoring and evaluation, medical safety target responsibility system, improve the medical quality management system, improve medical quality and service level, and ensure medical safety. Article 12 Medical institutions shall train medical personnel in medical safety laws, regulations, rules and relevant diagnosis and treatment and nursing norms, and educate them in medical service professional ethics, so as to enhance their legal awareness of medical safety and promote medical civilization.

Medical institutions should establish and improve the system of publicity and accountability for illegal acts of medical personnel, and urge medical personnel to practice according to law. Article 13 A medical institution shall establish and improve the communication system between doctors and patients, announce the methods, procedures and contact information for resolving medical disputes in a prominent position, set up a special reception place, be equipped with full-time (part-time) staff, accept patients' consultations and complaints, patiently listen to patients' opinions on medical services, and promptly answer and deal with related problems.

If the patient is not satisfied with the solution and treatment of the medical institution, he has the right to complain to the health authorities. After accepting the complaint, the competent health department shall handle it in accordance with the relevant provisions and inform the parties of the results in a timely manner. Fourteenth medical institutions and their medical staff should respect patients' right to know and privacy about their illness, diagnosis and treatment.

Medical institutions and their medical personnel shall write and properly keep medical records in accordance with the requirements stipulated by the competent department of health of the State Council. Patients have the right to consult and copy their outpatient medical records, inpatient medical records, temperature sheets, doctor's orders, laboratory sheets (examination reports), medical imaging examination data, special examination consent, operation consent, operation and anesthesia records, pathological data, nursing records, medical expenses and all other materials belonging to medical records as stipulated by the health authorities in the State Council. Medical institutions shall truthfully provide relevant medical records according to law, and shall not conceal or refuse, forge, tamper with or destroy them in violation of regulations.

Without the patient's consent, medical institutions and their medical staff can't decide the cause and can't disclose the patient's condition.