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About print and distribute to crack down on related medical illegal crime special action to inform

The national health and family planning commission of the People's Republic of China

The 2016-07-08

The medical hair [2016] no. 34

Various provinces, autonomous regions and municipalities directly under the central government health and family planning commission, the comprehensive management of public, party committee propaganda department, network letter office, the higher people's court, people's procuratorates and the public security bureaus, judicial bureaus, protects inspect bureau, xinjiang production and construction corps, comprehensive management of public, party committee propaganda department, health department network letter branch office, the higher people's court, people's procuratorates, public security bureau, justice bureau:

Direction for the implementation of the central leading comrades of requirements, guarantee personal safety, medical staff and patients to create a safe, orderly and treatment environment, through the research, we developed the special action about to crack down on illegal crime involving medical plan (which can be downloaded from the national health and family planning commission web site). Hereby printed and distributed to you, please comply with them.

National health and family planning commission central comprehensive management of public propaganda department

The central network letter for the supreme people's court of the supreme people's procuratorate

The ministry of public security department of justice by the circ

On June 30, 2016

About to crack down on related medical special criminal action plan

In 2013 to carry out the maintenance of medical order special action to combat the illegal crime of involving medical, constantly deepen the "peace hospital" create work, around the number of medical disputes, the number of criminal cases occurred in medical institutions are declining, overall situation good medical order. Recently, some local damage cases of medical staff, cause bad social influence. The central leading comrades have attached great importance to, put forward specific requirements. In order to ensure the security of personal medical staff and patients, to create a safe, orderly and treatment environment, promote social harmony and stability, the national health and family planning commission, the comprehensive management of public, the central propaganda department, the central net letter department, the supreme people's court, the supreme people's procuratorate, ministry of public security, justice, and the China insurance regulatory commission decision since July 2016, 9 department in nationwide for a period of 1 year to crack down on illegal crime involving medical special operation. Specific plan is as follows:

A, the work target

Further unified thought, raise awareness, according to the "prevention first, curing, predominant simultaneously and improve the mechanism for dealing" principle, adhere to the system of governance, governance according to law, comprehensive management and source management, consolidate the previous stage work, in accordance with the law is investigated against involved medical illegal and criminal activities, ensuring the safety of medical institutions the situation continues to improve. A sound system of safety management of medical institutions, improve security ability of medical institutions, to form a crackdown on fight together. To establish a long-term mechanism, to further improve the medical service, continuous improve the success rate of medical dispute mediation and satisfaction, promote the complete coverage of medical liability insurance at the county level hospital. To strengthen publicity and education and public opinion guidance, to build a harmonious doctor-patient relationship, create a community of doctor-patient benefit community in the new period, emotional and moral community.

Second, the main measures

(a) in accordance with the law severely punish wade d illegal crime. To crack down on and punished in accordance with the law of various kinds of injury medical staff personal safety, disturb the order of medical treatment for medical illegal and criminal behavior, such as always keep hitting high pressure situation, firmly crack down on criminals arrogance. One is the public security organ to strictly according to "the public security organ 6 measures to uphold order of security of medical institution" requirements, practically strengthen investigate crackdown. For medical institutions alarm for help to rapid response, decisive disposal, resolutely put a stop to, especially to the ongoing damage the behavior of medical personnel, must take decisive measures to resolutely put a stop to, when necessary, in accordance with the use of weapons, police arms; To illegally carry articles into medical institutions, once found all administrative detention according to law; For medical staff, beating seriously disturbing the order of medical institutions, must be in accordance with the administrative penalties for public security or shall be investigated for criminal responsibility according to law, shall not delay, the degradation process. 2 it is the people's procuratorate of medical injury cases shall accept it in time, strengthen the collaboration with the public security organs, judicial organ to cooperate, quick catch. Of major medical crime cases in a timely manner to intervene in investigation, guide the forensics. The case is not made, the problem such as punishment for punishment, felony lenient sentence, shall be in accordance with the law supervision and correction. 3 it is the people's court shall timely judgment, in accordance with the accurate, criterions for the conviction of the crime means of cruel, subjective vicious deep personal danger, the defendant or bad social influence on medical illegal and criminal behavior, to heavy punishment according to law, the verdict in accordance with the public. Four is the family planning administrative department of public health at various levels shall entrust the trade association for medical institutions and medical personnel rights according to law to provide legal aid.

(2) the organization to carry out the comprehensive inspection and key spot check of the national medical institutions safety inspection. To supervise and urge to carry out the safety precautions and job requirements, 20, to carry out safety inspection of medical institutions. One is to strengthen the security capability of medical institutions. The implementation of the general office of the central committee of the communist party of China General office of the state council on strengthening the construction of social security prevention and control system opinion "and" the general office of national health and family planning commission General office of the ministry of public security on strengthening the construction of hospital security system guidance "(countries who do hair [2013] no. 28) requirements, improve the medical institution" three anti "(civil air defense, the authors, dimension) and the disputes resolving ability. The second is to do a good job of safety protection key areas. Strictly implement the ward, this diagnosis area such as management, set up specialized personnel responsible for ZhenQu order management, waiting area shall be partition management and diagnosis and treatment area, conditional medical institutions shall carry out physical isolation; Second class above of outpatient emergency care and hospital wards must conform to the provisions of the monitoring equipment installed in the public areas, the implementation of the civil air defense forces; Focus on strengthening the emergency, night shift department and other key parts of the security work, arrange enough uninterrupted patrol guard law in the emergency department. Using the experience of public security, under the guidance of the ministry of public security, in some parts of the key medical institutions to carry out the pilot job security. Third, we will improve the key crowd safety work. A medical institution shall establish a drunk, have trouble or violent, patients with severe mental disorders, such as the medical security system; To reflect the appeal for many times, have aggressive behavior or threaten violence wound healing, and potentially violent tendencies, a medical institution shall report to the public security departments in time, the relevant departments shall timely deal with according to law, fight in malignant cases. Four is to strengthen the construction of JingYi linkage rapid response mechanism. Public security organs, the family planning administrative departments for public health shall guide medical institutions, establish and improve the emergency processing level 2 above hospitals should establish emergency security team, ensure that alert occurs, the scene with security forces immediately give anticipatory control, to prevent an escalation. The public security organ to send outstanding policeman and auxiliary police officers stationed in medical institutions, to strengthen the safety work of medical institutions. The national working group to create a "peace hospital" activities to carry on the field sampling, spot check result to the nation.

(3) strengthen the construction of a harmonious doctor-patient relationship construction of long-term mechanism. One is firmly implement the law. Public security organs, people's procuratorates and people's courts at all levels, health, family planning administrative departments shall strictly implement the "criminal law amendment (9), to strengthen the department linkage, severely punished for medical illegal crime, careful to highlight" the laws and law applied, barriers ", make the strike involved medical illegal crime under the rule of law and normalized. Second, improve the system of laws, regulations and system. To promote the medical dispute prevention and treatment of local legislation work, improve the system of laws, regulations and systems, provide legal support for medical dispute mediation. Three is to consolidate the "three to mediate a insurance" (the court mediation, people's mediation and judicial mediation and medical liability risk sharing mechanism) long-term working mechanism. A medical institution shall improve the system of complaint management, clear complaint channels, complaint handling procedures. To further standardize the medical disputes around the people's mediation work, expanding the coverage of medical dispute mediation organizations, constantly enhance the level of mediation and establish long-term effective mechanism of medical dispute mediation running security and promoting people's mediation and the operation mode of the medical liability insurance effectively. Promote the medical liability insurance to the county extension, actively promote the medical insurance, expanding the coverage of medical risk sharing mechanism; Ia department shall guide underwriting institution innovation service mode, quick adjustments in time, improve the medical insurance service satisfaction. Four is to improve the quality of medical services and security management. The family planning administrative departments for public health shall guide the comprehensive medical institutions screening internal loopholes in management rules, and improve the medical institutions within the whole chain management, establish long-term effective mechanism of medical quality management and control, improve patient safety management level. Focus on strengthening the construction of the emergency ability, and increase the quantity of the emergency department physicians with, strictly carry out the operation regulation of emergency diagnosis and treatment, strengthening seamlessly with pre-hospital emergency, to do a good job in critically ill patients of the rescue work. Promote the medical institutions and medical practitioners, registered nurses information connected to the public. To strengthen the construction of enhancement of the healthcare industry, establish and improve the medical service supervision mechanism. Strengthen the education of the medical staff humanities, improve doctor-patient communication skills, taking patients as the center, humanistic care for patients with diagnosis and treatment process.

(4) to do a good job of publicity and guide. One is to strengthen the positive publicity. Organization of the news media for the extensive publicity of the moving story of the medical staff to heal the wounded and rescue the dying, promote the medical and health professional spirit, vigorously promote reform achievements. 2 is in popular science propaganda activities, promote health prevention knowledge as well as the limitations and risks of medical science, improve people's health literacy, guide the patients to form reasonable expectations and scientific and orderly. To carry out the franco-prussian education, improve the legal sense of the medical staff and patients. Medical dispute processing were described, and guide the masses rights according to law. Three is to do a good job of information bulletin. Medical institutions shall do a good cases involving medical information release plan, designated full-time department or someone who's in charge of media communication. Have great influence to the stakeholders of the medical cases and earthly family planning administrative department of public health, public security organ shall timely release authoritative information, the relevant departments to focus on disclosure typical cases, play to the education of legal system and warning deterrent. Involved medical case happens, is responsible for the disposal of the public security organ shall timely will disposal and the treatment of the next step may take advice about the medical institutions and the family planning administrative department of public health at the same level, a medical institution shall earnestly to do a good job of emotional comfort and explained the medical staff. Four is to strengthen public opinion guidance. Around to grasp the correct direction of public opinion, and to timely and effectively guide public opinion, to the serious news discipline, to ensure that the objective and accurate in the reports. Strengthen the network media norms and guidance, give full play to the network media the re-description and the advantage of information in a timely manner, to carry out the doctor-patient together, to conquer the disease lead to form a healthy public opinion environment and rational social mentality.

Third, the stage of implementation

(a) work deployment phase before the end of July (2016). The provinces (autonomous regions and municipalities) according to the content and requirements of this plan, combined with local actual, formulate special operation plan, deployment of specific work.

(2) during the period (August 2016 to April 2017).

One is the comb MoZha, determine the work target. MoPai carefully combed out the bad nature involved medical cases, included in the key to detect hit the crucial goals, in major cases, superior departments to oversee. At the same time, to guide medical institutions around the comb to find vulnerabilities, timely rectification, continuously strengthen the construction of security system.

Second, focus on action, form a powerful blow. Organization to carry out the depth of crackdown on work, to crack down on damage of medical workers, and disturbing the order of medical crime, captured a group of "medical alarm", violence injury medical, number "dealers" and other illegal and criminal, strengthen medical institutions around the security regulation, order of the medical institutions continue to improve.

Three is the supervision inspection, consolidate the effectiveness. The provinces (autonomous regions and municipalities) to organize joint supervision inspection, to carry out the spot investigations, consolidate work, innovative work ideas, study with advanced typical constantly summarize and popularize advanced experience, practice, continue to improve the system of laws and regulations and work.

(3) the summary evaluation period (may - June 2017). Led by provincial family planning administrative department of public health, in conjunction with ZongZhi, publicity, network communication, court, procuratorate, public security, judicial administration, insurance regulatory commission and other departments completed before the end of June 2017 the province (autonomous regions and municipalities) special operation summary of evaluation. The national health and family planning commission will jointly with the relevant departments on the key areas for centralized control to look back.

Fourth, work demands

(a) to strengthen organization and leadership. Local to fully recognize the significance of the special action of, rely on to create a "peace hospital" activity organization or mechanism, unified responsible, leadership initiative within their respective jurisdictions, mainly be responsible for the comrades to personally stresses, in charge of the responsible for the comrades to be directly responsible for, resolutely crack down on illegal medical crime. For caused by work does not reach the designated position, do not implement the major involved medical case, and mass medical event, to the administrative liability shall be investigated for relevant personnel, if the circumstances are serious, shall be investigated for criminal responsibility according to law.

(2) completes the inspection supervisory work. The provinces, autonomous regions and municipalities directly under the special operation conditions as the province (area, city) ZongZhi work (construction) safe evaluation content of the main content of "create peace hospital work". Across to the social influence, severe consequences has chosen one by one, the case under report one by one; Bad influence on continuous happen for medical areas of criminal, or for processing does not reach the designated position caused mass incidents, must carry on the interview. To carry out the perfect implement comprehensive leadership responsibility system of social security regulations, in violation of relevant provisions or failed to perform related duties, in accordance with the law shall be investigated for responsibility to supervise and according to regulation and implementation of the veto system when necessary.

(3) clear department division of duties. Should establish the working mechanism of collaboration, and all relevant units and departments to further study on medical case, legal problems in a targeted formulate relevant normative documents. ZongZhi organizations to give play to the role of organization and coordination, carefully organize the relevant units to participate in social public security prevention and control work, coordinate to solve problems encountered in the work. The family planning administrative department of public health to improve the safety of medical institutions ability. The public security organ for illegal crime involving medical as soon as possible to solve, disposal in accordance with the law, procuratorate, court to timely prosecution and trial in accordance with the law. Publicity, network letter departments to coordinate the news media coverage of violent injury medical control, shall not render the hype, avoid criminal suit, the news media to the malicious hype liability shall be pursued in accordance with the law; The judicial administrative departments to carry out medical dispute mediation work; Ia department actively promote medical liability insurance.

(4) to do a good job of information submitted. During the special operation, led by the provinces, autonomous regions and municipalities directly under the department to collect summary the region special operation progress, advanced and typical experience, major achievements and the difficulty of major cases, questions, information, and timely submit to the national health and family planning commission. The relevant departments at the provincial level shall transfer the progress of the department timely submitted to superior departments accordingly.