Article 1 In order to strengthen the complaint management of medical institutions, standardize complaint handling procedures, improve medical services, ensure medical safety and the legitimate rights and interests of both doctors and patients, and maintain normal medical order, these Measures are formulated in accordance with the Regulations on the Prevention and Handling of Medical Disputes and the Regulations on the Administration of Medical Institutions.
Article 2 The term "complaint management" as mentioned in these Measures refers to the activities that patients report the situation to medical institutions, put forward opinions, suggestions or complaint requests, and medical institutions conduct investigation, handle and feed back the results.
Article 3 These Measures shall apply to the complaint management of various medical institutions at all levels.
Article 4 The National Health and Wellness Commission shall be responsible for supervising and guiding the complaint management of medical institutions throughout the country.
The local health authorities at or above the county level shall be responsible for the supervision and guidance of the complaint management of medical institutions within their respective administrative areas.
Article 5 The acceptance and handling of complaints by medical institutions shall implement the concept of "patient-centered" and follow the principles of legality, fairness, timeliness and convenience.
Sixth medical institutions should do a good job of information disclosure in accordance with the provisions and take the initiative to accept social supervision.
Article 7 Medical institutions should improve management level, strengthen medical risk management, optimize service processes, improve medical environment, improve medical service quality, guard against potential safety hazards and reduce medical disputes and complaints.
Article 8 Medical institutions shall formulate emergency plans for major medical disputes, organize relevant publicity, training and drills, and ensure timely and effective resolution of contradictions and disputes according to law.
Article 9 Medical institutions shall incorporate complaint management into the patient safety management system, regularly summarize and analyze complaint information, sort out the weak links in medical management and medical quality and safety, implement rectification measures, and continuously improve the level of medical quality and safety.
Article 10 Medical institutions shall do a good job in linking the complaint management of medical institutions with people's mediation, administrative mediation and litigation of medical disputes.
Chapter II Organization and Personnel
Article 11 The principal responsible person of a medical institution is the first responsible person of complaint management of the medical institution.
Medical institutions above the second level shall set up a doctor-patient relationship office or a designated department (hereinafter referred to as the complaint management department) to undertake the complaint management work in a unified way. Other medical institutions should be equipped with full-time (part-time) staff, and a complaint management department can be set up if conditions permit.
Twelfth medical institutions above the second level shall designate a person in charge of complaints of medical institutions to guide and manage the relevant work of the complaint management department of medical institutions.
The complaint management department shall perform the following duties:
(1) Organizing, coordinating and guiding the complaint handling work of this medical institution;
(2) Accepting complaints in a unified way, investigating and verifying the complaints, putting forward handling opinions, and responding to patients in time;
(three) to establish and improve the procedures for accepting and handling complaints;
(four) to participate in the medical quality and safety management of medical institutions;
(five) to carry out doctor-patient communication and complaint handling training, to carry out medical risk prevention education;
(six) summarize and analyze the complaint information regularly, put forward opinions or suggestions on strengthening and improving the work, and strengthen supervision and implementation.
Only medical institutions equipped with full-time (part-time) complaint staff can undertake at least the duties listed in the preceding paragraph.
Thirteenth medical institutions complaint management personnel shall meet the following conditions:
(1) Having good professional ethics and sense of responsibility;
(2) Having certain knowledge of medicine, management, law, psychology, ethics, social work and other disciplines, and being familiar with laws and regulations related to medical treatment and complaint management and rules and regulations of medical institutions;
(three) strong social adaptability, good social interpersonal skills, good communication skills and adaptability.
Article 14 Medical institutions above the second level shall establish a three-level complaint management mechanism for medical institutions, complaint management departments and departments, and all departments of medical institutions shall at least designate 1 responsible persons to cooperate with complaint management.
All departments of medical institutions should regularly assess the risks involved in complaints, sort out the hidden dangers of complaints, put forward targeted preventive measures for high-risk hidden dangers, strengthen communication with patients, and do a good job in investigating and resolving contradictions and disputes in a timely manner.
Medical institutions should encourage staff to actively collect patients' opinions and suggestions on medical services, medical quality and safety, and report them to the complaint management department or relevant functional departments through prescribed channels.
Fifteenth medical institutions above the second level should improve the linkage mechanism between complaint management departments and clinical, nursing, medical technology and logistics, security and other departments, improve the quality of medical care, ensure medical safety, and maintain normal medical order.
Sixteenth medical institutions should gradually establish and improve relevant mechanisms to encourage and attract social workers, volunteers and other people familiar with medical and legal expertise or third-party institutions to participate in the reception and handling of complaints in medical institutions.
Chapter III Communication between Doctors and Patients
Seventeenth medical institutions should improve the professional ethics of medical staff, enhance service awareness and legal awareness, pay attention to humanistic care, strengthen communication between doctors and patients, and strive to build a harmonious doctor-patient relationship.
Article 18 Medical personnel should abide by professional ethics, take patients as the center, do their jobs enthusiastically, patiently and meticulously, and respect, understand and care for patients in the whole process of medical service.
Nineteenth medical institutions should establish and improve the doctor-patient communication mechanism, improve the content of doctor-patient communication, strengthen the training of medical staff's doctor-patient communication skills, and improve the doctor-patient communication ability.
Medical staff should patiently explain and explain the suggestions, opinions and opinions put forward by patients in the process of diagnosis and treatment, and deal with them in accordance with the regulations; Questions raised by patients about diagnosis and treatment behavior should be verified and checked in time, and communicated with patients to truthfully explain the situation.
Article 20 Medical staff should respect patients' right to privacy, information, choice, etc. According to patients' condition, different prognosis and patients' actual needs, highlight key points and communicate in an appropriate way.
The important contents of diagnosis and treatment in doctor-patient communication should be recorded in medical records in a timely, complete and accurate manner, and signed by patients for confirmation.
Article 21 A medical institution may, in light of the actual situation, formulate a system of medical risk notification and preoperative conversation, standardize specific procedures, fully inform patients in a way and language that patients can understand, and obtain their written consent.
Chapter IV Acceptance of Complaints
Twenty-second medical institutions should establish smooth and convenient complaint channels, and publish complaint handling procedures, places, reception time and contact information in a prominent position in medical institutions.
Encourage medical institutions to strengthen public opinion monitoring, and timely grasp the demands of patients in other channels.
Twenty-third medical institutions should set up a special complaint reception place, and the reception place should provide relevant laws and regulations, complaint procedures and other materials to facilitate patients' inquiries.
Medical institutions should take measures to protect the legitimate rights and interests and personal safety of complaint management staff.
Twenty-fourth medical institutions to implement the "first complaint responsibility system", patients complain to the relevant departments, departments and departments that receive complaints should be warmly received, and those who can coordinate on the spot should try to coordinate and solve them on the spot; For those who can't coordinate on the spot, the reception department or department should take the initiative to guide patients to the complaint management department (including full-time (part-time) staff of complaint management, the same below), and shall not prevaricate or prevaricate.
Twenty-fifth complaint reception staff should listen carefully to the opinions of patients, patiently and carefully explain the work, to avoid the intensification of contradictions; It shall verify the relevant information, truthfully record the situation reflected by patients, and keep written complaint materials in time.
Article 26 Patients should express their opinions and demands in a civilized manner according to law, provide true and accurate complaint information to the complaint management department of medical institutions, cooperate with the investigation and inquiry of the complaint management department of medical institutions, and must not disturb the normal medical order or commit illegal and criminal acts.
In principle, the number of individual complainants shall not exceed 5. If there are more than 5 people, representatives shall be elected to reflect their demands.
Article 27 If the complaint receptionist finds that the patient has committed suicide, self-mutilation, etc., or insults, beats or threatens the complaint receptionist, she shall take timely control and preventive measures, and report to the public security organ and the local health authorities; Complaints found in the reception process that may intensify contradictions and lead to public security cases and criminal cases shall be reported to the local public security organs in a timely manner and handled according to law.
Article 28 After receiving a complaint or a complaint assigned by the competent health department, the complaint management department of a medical institution shall promptly check the situation with the relevant departments, departments and relevant personnel, put forward handling opinions on the basis of finding out the facts and distinguishing the responsibilities, and give feedback to the patients.
The departments, units and relevant personnel involved in the complaint shall actively cooperate with the complaint management department to carry out the investigation, verification and handling of the complaint.
Article 29 The complaint management department of a medical institution shall summarize the repeated complaints about the same or similar problems and report them to the person in charge of the medical institution. The medical institution may, depending on the situation, conduct a combined investigation on the relevant complaints, and the medical personnel who have found the link that caused the complaint or repeatedly caused the complaint shall make corresponding treatment in time according to the investigation results.
Thirtieth complaint management departments of medical institutions shall handle complaints in a timely manner, and if they can check and handle them on the spot, they shall find out the situation in a timely manner; If there is any mistake, correct it immediately and inform the patient of the treatment opinions on the spot.
Involving medical quality and safety, which may endanger the health of patients, active measures should be taken immediately to avoid or reduce the damage to the health of patients and prevent the damage from expanding.
The situation is complicated and needs to be investigated and verified. Generally, the patient should be given feedback about the handling situation or handling opinions within 5 working days from the date of receiving the complaint.
Involving multiple departments, it is necessary to organize and coordinate relevant departments to carry out the same research, and feedback the handling situation or opinions to patients within 10 working days from the date of receiving the complaint.
Thirty-first complaints have been handled, and patients who are controversial about the handling opinions of medical institutions and can provide new information and evidence materials shall be re-handled according to the complaint process.
Thirty-second complaints involving medical disputes, medical institutions should inform patients to actively negotiate in accordance with the provisions of relevant laws and regulations on the handling of medical disputes; If no settlement can be reached through consultation, the patient shall be guided to solve the problem through mediation and litigation, and the explanation and guidance shall be done well.
Thirty-third complaints involving staff of medical institutions in violation of law and discipline, the complaint management department shall promptly hand over the relevant functional departments in accordance with the law and regulations.
Thirty-fourth complaints under any of the following circumstances shall not be handled by the complaint management department, but shall explain the situation to the patients and inform them of the relevant handling regulations:
(a) the patient has brought a lawsuit to the people's court or applied for mediation to a third party;
(2) the patient has complained to the competent health department or the petition department and has been dealt with;
(three) there is no clear object of complaint and specific facts;
(four) the contents of the complaint have involved public security cases and criminal cases;
(five) other complaints that do not belong to the scope of functions and powers of the complaint management department.
Thirty-fifth major medical disputes, medical institutions shall report to the local health authorities at or above the county level in accordance with the provisions. After receiving the report, the competent health department shall timely understand the situation and guide both doctors and patients to resolve disputes through legal channels.
Thirty-sixth medical institutions should protect the privacy of patients and medical staff related to complaints, properly handle public opinions, and it is strictly forbidden to publish information that violates or exaggerates the facts and exaggerates the complaint handling process.
Article 37 Medical institutions shall establish and improve complaint files and file them for future reference.
The complaint files of medical institutions shall include the following contents:
(1) Basic information of the patient;
(2) Complaints and relevant supporting materials;
(3) Investigation, handling and feedback;
(four) other materials related to the complaint.
Thirty-eighth medical staff have the right to put forward opinions and suggestions on the management and service of medical institutions, and medical institutions and complaint management departments should pay attention to them, deal with them and give timely feedback.
Clinical frontline staff should report the problems found in the medical quality and safety protection of drugs, medical devices, water, electricity, gas, etc. to the complaint management department or relevant functional departments, and the complaint management and other relevant departments should deal with them in time and give feedback.
Chapter V Supervision and Administration
Thirty-ninth local health authorities at or above the county level shall strengthen the supervision and inspection of the complaint management of medical institutions within their respective administrative areas, and strengthen the daily management and evaluation.
Fortieth local health authorities at or above the county level shall collect, analyze and feedback information on complaints and medical disputes of medical institutions within their respective administrative areas, guide medical institutions to improve their work and improve the quality of medical services.
Forty-first medical institutions and their related personnel have made outstanding achievements in the complaint management of medical institutions and effectively prevented major mass incidents or other serious consequences, which shall be commended by the competent health department.
For medical institutions that fail to carry out complaint management according to regulations within their administrative areas, the competent health department shall give informed criticism, and the main person in charge of the medical institution shall interview.
Forty-second medical institutions should standardize the management of complaints and make statistics on complaints on a regular basis. The statistical results should be combined with year-end assessment, regular assessment of doctors, medical ethics assessment and evaluation.
Chapter VI Legal Liability
Article 43 If a medical institution fails to establish a complaint reception system, a unified complaint management department or full-time (part-time) staff, or fails to report major medical disputes to the competent health department as required, the local health department at or above the county level shall handle it in accordance with the provisions of Article 47 of the Regulations on the Prevention and Handling of Medical Disputes.
Forty-fourth medical institutions in violation of the provisions of these measures, one of the following circumstances, the local health authorities at or above the county level shall be ordered to make rectification within a time limit; If it fails to change within the time limit, it shall be given a warning and fined ten thousand yuan; If serious consequences are caused, a fine of 1 10,000 yuan but not more than 30,000 yuan shall be imposed, and the principal responsible person, the directly responsible person in charge and other directly responsible personnel of the medical institution shall be punished according to law:
(a) the emergency plan for major medical disputes has not been formulated;
(2) The complaint management is chaotic;
(3) Failing to establish and improve the communication mechanism between doctors and patients as required;
(4) Failing to handle complaints in time and giving feedback to patients;
(5) Failing to report to the local public security organ in time the complaints found in the reception process that may intensify contradictions and lead to public security cases and criminal cases;
(six) release information that violates or exaggerates the facts and renders the event handling process.
Forty-fifth medical personnel who disclose patient privacy related to complaints, resulting in serious consequences, shall be handled by the local health authorities at or above the county level in accordance with the relevant provisions of the Law on Medical Practitioners, the Regulations on Nurses and other laws and regulations.
Forty-sixth local health authorities at or above the county level failed to perform the duties of complaint management of medical institutions, resulting in serious consequences, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VII Supplementary Provisions
Article 47 The term "patients" as mentioned in these Measures includes patients and their close relatives, entrusted agents, legal agents, personnel accompanying patients to seek medical treatment and other relevant personnel.
Forty-eighth provincial health authorities may, in accordance with these measures, formulate detailed rules for implementation in light of local specific conditions.
Forty-ninth medical institutions of traditional Chinese medicine shall be responsible for the complaint management by the competent department of traditional Chinese medicine.
Article 50 These Measures shall come into force as of April 65438, 20 19.