Law on Practicing Physicians
Adopted at the Third Meeting of the Standing Committee of the Ninth National People's Congress on June 26, 1998 (effective May 1, 1999)
Article 2: The professional medical personnel who have obtained the qualification of practicing physician or the qualification of practicing physician assistant according to the law and who have been registered to practise in the medical treatment, preventive treatment and health care institutions shall be subject to this Law. This Law shall apply to medical professionals who have obtained the qualification of licensed physician or licensed physician assistant in accordance with law and are registered to practice in medical, preventive and health care institutions.
The physicians referred to in this Law include licensed physicians and assistant physicians.
Article 9 Those who have one of the following conditions may take the licensing examination for practicing physicians:
(1) those who have a bachelor's degree or above in medicine from a school of higher education and who have completed one year's probationary period under the guidance of a licensed physician in a medical, preventive, or health care institution;
(2) those who have obtained the practicing certificate of a practicing assistant and have a specialist's degree in medicine from a school of higher education and who have worked for two years in a medical, prevention, health care institutions for two years; with secondary specialized school medical specialty education, in medical, prevention, health care institutions for five years.
Article 14 After being registered, a physician may practice in a medical, preventive or health care institution in accordance with the registered place of practice, type of practice and scope of practice, and engage in the corresponding medical, preventive or health care business.
Chapter III Rules of Practice
Article 22 Physicians shall fulfill the following obligations in their practice:
(1) to abide by the laws and regulations, and to comply with the standards of technical operation;
(2) to establish a spirit of dedication, to abide by the ethics of the profession, to fulfill the duties of physicians, and to do their best to serve patients;
(3) to care for, love, and respect patients, and to Protecting the privacy of patients;
(4) Studying hard, updating knowledge, and improving professional and technical skills;
(5) Publicizing knowledge of health care and providing health education to patients.
Article 23 A physician who implements medical, preventive, or health care measures, or signs relevant medical documents, must personally diagnose, investigate, and fill out medical documents in a timely manner in accordance with the regulations, and may not conceal, falsify, or destroy medical documents and related information.
Doctors shall not issue medical documents that are not related to their scope of practice or inconsistent with the type of practice.
Article 24 of the emergency patients, physicians shall take urgent measures to diagnose and treat; shall not refuse emergency treatment.
Article 25 The physician shall use drugs, disinfectants and medical equipment approved for use by the relevant state departments.
Except for legitimate diagnosis and treatment, narcotic drugs, toxic drugs for medical use, psychotropic drugs and radioactive drugs may not be used.
Article 26 A physician shall truthfully introduce the patient's condition to the patient or his/her family, but shall take care to avoid adverse consequences to the patient.
The physician shall conduct experimental clinical medical treatment, shall be approved by the hospital and obtain the consent of the patient or his family.
Article 27 A physician shall not take advantage of his or her position to solicit or illegally accept property from a patient or to gain other improper benefits.
Article 28 In the event of natural disasters, epidemics of infectious diseases, sudden deaths and injuries and other emergencies that pose a serious threat to people's lives and health, the physician shall be subordinate to the people's governments at or above the county level of the health administrative department of the deployment.
Article 29 of the physician in the event of medical accidents or infectious disease outbreaks, shall, in accordance with the relevant provisions of the timely report to the institution or the administrative department of health.
Physicians shall report to the relevant departments in accordance with the relevant provisions when they find patients suspected of injuries or unnatural deaths.
Article 37 A physician who, in the course of his practice, violates the provisions of this Law by engaging in one of the following acts shall be warned or ordered by the health administrative department of the people's government at or above the county level to suspend his practice for six months or less than one year; if the circumstances are serious, his practicing certificate shall be revoked; and if the case constitutes a crime, he shall be investigated for criminal responsibility according to the law:
(1) Violation of the rules and regulations of the health administration or the technical (A) violation of health administrative rules and regulations or technical specifications, resulting in serious consequences;
(B) due to irresponsible delays in the rescue and treatment of patients with acute illnesses, resulting in serious consequences;
(C) resulting in medical liability accidents;
(D) without personal diagnosis and investigation, signing diagnosis, treatment, epidemiology and other documents or documents relating to birth, death and other certificates;
(E) concealment, falsification or unauthorized destruction of medical documents and related information;
(F) the use of unapproved drugs, disinfectants and medical equipment;
(G) not in accordance with the provisions of the use of narcotic drugs, medical toxic drugs, psychotropic drugs and radiopharmaceuticals;
(H) without the consent of the patient or his or her family members, the patient experimental (ix) Disclosure of patients' privacy, resulting in serious consequences;
(x) Use of official position, solicitation, illegal acceptance of patients' belongings or other improper interests;
(xi) In the event of natural disasters, epidemics of infectious diseases, major accidents and other emergencies that pose a serious threat to the life and health of the people, disobedience to the dispatch of the administrative department of health;
(i) Failure to follow the instructions of the administrative department of health; and Administrative departments to dispatch;
(xii) the occurrence of medical accidents or the discovery of infectious disease outbreaks, patients suspected of injury events or unnatural deaths, not in accordance with the provisions of the report.
Article 38 A physician who causes an accident in medical, preventive or health care work shall be dealt with in accordance with the law or the relevant state regulations.
The Law of the People's Republic of China on the Prevention and Control of Infectious Diseases
The Law of the People's Republic of China on the Prevention and Control of Infectious Diseases was amended and adopted by the Standing Committee of the Tenth National People's Congress of the People's Republic of China at its Eleventh Session on August 28, 2004, and the amended Law of the People's Republic of China on the Prevention and Control of Infectious Diseases is hereby promulgated to enter into force on December 1, 2004. The revised Law on Prevention and Control of Infectious Diseases of the People's Republic of China is hereby promulgated and shall come into force on December 1, 2004.
Article 3 The infectious diseases prescribed in this Law are divided into categories A, B and C. The Law also provides for the prevention and control of infectious diseases.
Category A infectious diseases are: plague and cholera.
Category B infectious diseases refer to: infectious atypical pneumonia, AIDS, viral hepatitis, poliomyelitis, human infection with highly pathogenic avian influenza, measles, epidemic hemorrhagic fever, rabies, epidemic encephalitis B, dengue fever, anthrax, bacillary and amoebic dysentery, tuberculosis, typhoid fever and paratyphoid fever, epidemics of cerebro-spinal meningitis, whooping cough, diphtheria, neonatal tetanus, scarlet fever, Brucellosis, gonorrhea, syphilis, leptospirosis, schistosomiasis, malaria.
Category C infectious diseases are: influenza, mumps, rubella, acute hemorrhagic conjunctivitis, leprosy, epidemic and endemic typhus, black fever, encopresis, filariasis, infectious diarrheal diseases other than cholera, bacterial and amoebic dysentery, typhoid fever and paratyphoid fever.
Other infectious diseases other than those stipulated above, which need to be included in Class B or Class C infectious diseases according to their outbreaks, epidemics and degree of harm, shall be decided by the health administrative department of the State Council and announced.
Article 4 For infectious atypical pneumonia in category B infectious diseases, pulmonary anthrax in anthrax, and human infection with highly pathogenic avian influenza, the preventive and control measures for category A infectious diseases referred to in this Law shall be taken. Other infectious diseases of category B and sudden outbreaks of infectious diseases of unknown origin need to take the preventive and control measures for infectious diseases of category A referred to in this Law, the health administrative department of the State Council in a timely manner for the approval of the State Council shall be announced and implemented.
Article 46 In case of death from Category A infectious diseases and anthrax, the body shall be immediately sanitized and cremated nearby. In the case of death from other infectious diseases, the body shall, if necessary, be cremated after hygienic treatment or buried y in accordance with the regulations.
In order to find the cause of infectious diseases, medical institutions may, when necessary, in accordance with the provisions of the State Council administrative department of health, the corpse of a patient with an infectious disease or suspected infectious disease for autopsy and examination of the patient's body, and shall inform the family of the deceased.
Chapter V Medical Treatment
Article 50 The people's governments at or above the county level shall strengthen and improve the construction of the medical treatment service network for infectious diseases, and designate medical institutions with the conditions and capabilities for treating infectious diseases to undertake the task of treating infectious diseases or to set up infectious disease hospitals in accordance with the needs of infectious disease treatment.
Article 51 The basic standards, architectural design and service flow of medical institutions shall conform to the requirements for the prevention of hospital-acquired infections of infectious diseases.
Medical institutions shall, in accordance with the provisions of the use of medical equipment for sterilization; in accordance with the provisions of the one-time use of medical instruments, shall be destroyed after use.
Medical institutions shall, in accordance with the State Council administrative department of health, the diagnostic standards for infectious diseases and treatment requirements, to take appropriate measures to improve the medical treatment of infectious diseases.
Article 52 medical institutions shall provide medical care, on-site rescue and treatment of patients with infectious diseases or suspected infectious diseases, write medical records and other relevant information, and properly stored.
Medical institutions shall implement pre-screening for infectious diseases, triage system; patients with infectious diseases, suspected infectious diseases, should be guided to the relative isolation of the triage point for the initial diagnosis. Medical institutions do not have the appropriate treatment capacity, the patient and a copy of their medical records should be transferred to the appropriate treatment capacity of medical institutions. Specific measures by the State Council administrative department of health regulations.
Article 69 Medical institutions in violation of the provisions of this Law, one of the following circumstances, by the people's governments at or above the county level, the health administrative department shall order correction, notification and criticism, and give a warning; cause the spread of infectious diseases, epidemic or other serious consequences, the responsible supervisory personnel and other directly responsible personnel, shall be given a demotion, dismissal, dismissal, and may be revoked in accordance with the law. Responsible personnel's practicing certificate; constitutes a crime, shall be investigated for criminal responsibility:
(1) not in accordance with the provisions of the unit's prevention of infectious diseases, control work, hospital infection control tasks and the prevention of infectious diseases in the area of responsibility;
(2) not in accordance with the provisions of the report of infectious disease outbreaks, or concealment, misreporting, slow reporting of infectious disease outbreaks;
(3) (c) found an epidemic of infectious disease (C) the discovery of infectious disease outbreaks, not in accordance with the provisions of the infectious disease patients, suspected infectious disease patients to provide medical care, on-site rescue, reception, referral, or refusal to accept referrals;
(D) not in accordance with the provisions of the unit contaminated by infectious disease pathogens in the premises, articles and medical waste disinfection or harmless disposal;
(E) not in accordance with the provisions of the medical equipment disinfection, or in accordance with the provisions of the medical equipment disinfection. Medical equipment disinfection, or in accordance with the provisions of the medical equipment used once without destruction, re-use;
(F) in the process of medical treatment is not in accordance with the provisions of the custody of medical records;
(VII) intentionally divulging patients with infectious diseases, carriers of pathogens, patients with suspected infectious diseases, close contacts involved in personal privacy of the relevant information, data.
Interim Provisions on the Management of Physicians' Outside Consultation
The second provision refers to the physician's outside consultation approved by the medical institution, for other medical institutions to carry out specific patients within the scope of practice of diagnostic and therapeutic activities.
The physician shall not go out for consultation without the approval of the medical institution.
Article VI of the following circumstances, the medical institution shall not put forward the consultation invitation:
(1) consultation invitation beyond the unit of diagnosis and treatment subjects or the unit does not have the appropriate qualifications;
(2) the unit's technical strength, equipment, facilities can not provide the necessary medical safety for consultation;
(3) consultation invitation beyond the invited physician's scope of practice;
(4) the medical institution shall not invite any patient to go out without the approval of the medical institution. Physician's scope of practice;
(D) provincial health administrative department of other circumstances.
Article VIII of the following circumstances, medical institutions shall not send physicians out to consultation:
(a) consultation invitation beyond the unit of diagnosis and treatment subjects or the unit does not have the appropriate qualifications;
(b) consultation invitation beyond the scope of practice of the invited physician;
(c) the invitation of the medical institutions do not have the appropriate medical treatment conditions;
(D) provincial health administrative department of other circumstances.
Article IX consulting medical institutions can not send consulting physicians, shall promptly inform the inviting medical institutions.
Article XII of the physician in the consultation process is found to be difficult to competent consultation, shall promptly and truthfully inform the inviting medical institutions, and terminate the consultation.
The physician in the consultation process found that the technical strength of the invited medical institutions, equipment, facilities and conditions are not suitable for treatment of the patient, or difficult to ensure the quality and safety of the consultation, it shall be recommended that the patient be transferred to other medical institutions with the conditions for treatment.
Regulations on the Administration of Medical Institutions
Article 15: Medical institutions must be registered and receive a Medical Institution License.
Article 27 Medical institutions must carry out diagnostic and treatment activities in accordance with the approved and registered diagnostic and treatment subjects.
Article 31 of the medical institutions shall immediately rescue critically ill patients. Limited to equipment or technical conditions can not diagnosis and treatment of patients, should be promptly referred.
Article 32 without a physician (doctor) to personally examine the patient, the medical institution shall not issue a diagnosis of disease, health certificate or death certificate and other supporting documents; without a physician (doctor), midwife personally delivery, the medical institution shall not issue birth certificates or stillbirth report.
Article 33 When a medical institution performs surgery, special examination or special treatment, the patient's consent must be obtained, and shall obtain the consent of his family members or relatives and sign; the ground law to obtain the patient's opinion, shall obtain the consent of the family members or relatives and sign; unable to obtain the patient's opinion without the presence of family members or relatives, or in other special circumstances, the physician in charge of the medical treatment shall put forward a medical treatment plan, and shall obtain the consent of the medical institution before obtaining the opinion of the patient, the patient's family members or relatives. Disposal plan, after obtaining the approval of the head of the medical institution or additional authorization of the person in charge of the implementation.
Article 37 Medical institutions must collect medical fees in accordance with the relevant provisions of the people's government or the price department, and issue receipts.
Article 39 In the event of major disasters, accidents, disease epidemics or other unforeseen circumstances, the medical institutions and their health technicians must obey the county-level people's government health administrative departments.
Pharmaceutical Management Law
Chapter IV Pharmaceutical Management in Medical Institutions
Article 22 Medical institutions must be equipped with qualified pharmacy technicians. Non-pharmacy technicians may not directly engage in pharmacy technology.
Article 23 of the medical institutions to prepare preparations, shall be the location of the provincial, autonomous regions, municipalities directly under the Central People's Government of the health administrative department of the provincial, autonomous regions, municipalities directly under the Central People's Government of the drug supervision and management department for approval, the issue of "medical institutions preparation license". No "medical institution preparation license", shall not be prepared preparations.
"Medical institution preparation license" should be marked with the expiration date, the expiration of the re-examination of the license.
Article 24 of the medical institutions to prepare preparations, must be able to ensure the quality of the preparation of facilities, management systems, testing instruments and sanitary conditions.
Article 25 of the preparation of medical institutions, should be the clinical needs of the unit and the market does not supply the varieties, and must be approved by the people's governments of the provinces, autonomous regions and municipalities directly under the Central People's Government of the drug supervision and management department before the preparation. Preparations must be formulated in accordance with the provisions of the quality inspection; qualified, with a physician's prescription for use in this medical institution. Under special circumstances, approved by the state council or provincial, autonomous regions, municipalities directly under the central people's government of the drug supervision and management department, the preparation of medical institutions can be in the designated medical institutions between the transfer of use.
The preparations prepared by medical institutions shall not be sold in the market.
Article 26 The purchase of medicines by medical institutions must establish and implement a system of inspection and acceptance of purchases, and inspection of certificates of conformity and other identification of medicines; those that do not meet the prescribed requirements shall not be purchased and used.
Article 27 of the medical institutions of the pharmacy staff dispensing prescriptions, must be checked, the drugs listed on the prescription shall not be changed without authorization or substitution. There are contraindications or excessive dosage of prescriptions, should refuse to deploy; if necessary, the prescribing physician to correct or re-signature, can be deployed.
Article 28 of the medical institutions must develop and implement the drug storage system, to take the necessary refrigeration, anti-freezing, moisture, insects, rodents and other measures to ensure the quality of drugs.
Article 35 The State implements special management of narcotic drugs, psychotropic drugs, toxic drugs for medical use and radioactive drugs. Management methods shall be formulated by the State Council.
The Interim Provisions on the Administration of Clinical Application of Human Organ Transplantation Technology
Article 2 The human organ transplantation technology referred to in these provisions refers to the technology of transplanting other people's functional heart, lungs, livers, kidneys, and other organs to the patients in order to replace their diseased organs.
Article 17: A tertiary comprehensive hospital that has not obtained the registration of the corresponding specialized diagnostic and treatment subjects for organ transplantation may, with the consent of the provincial health administrative department of the place where it is located, invite a licensed physician who has obtained the registration of the corresponding specialized diagnostic and treatment subjects for organ transplantation and who is capable of applying human organ transplantation technology to carry out human organ transplantation in the hospital in case of the following three special circumstances:
(1) the human organ for transplantation has high requirements for blood supply (such as heart transplantation);
(2) the human organ for transplantation cannot be transported in time to the medical institution that has obtained the registration of organ transplantation diagnostic and treatment subjects;
(3) the patient's condition is critical.
The tertiary general hospital provided for in the preceding paragraph shall be the hospital where the human organ donor is located, and have the conditions for surgery, intensive care and emergency treatment of immune rejection.
Practicing physicians with the ability to clinically apply human organ transplantation technology shall wait until the patient's condition has stabilized before returning to the medical institution where they are registered to practice after completing the human organ transplantation surgery.
Article 19 Medical institutions to carry out human organ transplantation, must strictly abide by the "Practicing Physicians Law", "Regulations on the Administration of Medical Institutions" and other laws, regulations, departmental rules and diagnostic and nursing norms and routines, strictly abide by the principles of medicine and ethics, strictly according to the patient's condition, the available treatment options, the patient's financial capacity and other factors to comprehensively determine the therapeutic measures, treatment of diseases, rational treatment The company strictly grasps the indications for human organ transplantation. Human organ transplantation shall not be carried out if it does not comply with laws and regulations and the principles of medical ethics.
Article 27 Human organs shall not be traded.
Medical institutions for transplantation of human organs must be the donor's written consent.
The donor has the right to refuse to donate the organ before the human organ is transplanted.
Article 28 If a medical institution removes organs from a cadaver, it shall dispose of the cadaver in a way that is necessary and consistent with social ethics and morality.
Article 29 Before a medical institution carries out cadaveric organ removal, it shall conduct a hearing under the auspices of the Committee on Clinical Application and Ethics of Human Organ Transplantation Technology of the medical institution, invite experts in medicine, jurisprudence, ethics, sociology and other aspects, and the donor of the living organ and his/her family members to participate in the hearing, and confirm that it complies with the laws and regulations and the principles of medical ethics, and that it is the real will of the donor of the living organ, and that there is no The transplantation of living organs shall be carried out only after the sale of human organs or the sale of human organs in disguise.
Article 30 Before removing the organs agreed to be donated by living organ donors, medical institutions shall fully inform the donors and their families of the risks of organ removal surgery, post-operative precautions, possible complications and preventive measures, and sign an informed consent form.
Medical institutions and their medical personnel shall not remove living organs without the consent of the donor and his family.
Living organ transplantation should not impair the corresponding normal physiological functions of the donor as a result of the donation of living organs.
Mother and Child Health Care Law
(Adopted at the Tenth Meeting of the Standing Committee of the Eighth National People's Congress on October 27, 1994 and promulgated by Decree No. 33 of the President of the People's Republic of China*** and the State of China on October 27, 1994, and effective from June 1, 1995)
Article 7 Medical and health-care institutions shall provide pre-marital health-care services for citizens.
Article 14 Health care institutions shall provide health care services for women of childbearing age and pregnant women during pregnancy and childbirth.
Article 19 In accordance with the provisions of this Law, the termination of pregnancy or sterilization shall be carried out with the consent of the person concerned and a signed opinion. If the person is incapable of behavior, the consent of his or her guardian shall be obtained and signed.
Article 24 Medical and health care institutions shall provide mothers with guidance on scientific child-rearing, rational nutrition and breast-feeding.
Article 32 Where a healthcare institution carries out premarital medical examinations, diagnosis of hereditary diseases, prenatal diagnosis, as well as the performance of ligature surgery and termination of pregnancy in accordance with the provisions of this Law, it must comply with the conditions and technical standards prescribed by the health administrative department of the State Council and be licensed by the health administrative department of the people's government of the locality at or above the county level.
Technical means of sex determination of the fetus are strictly prohibited, except where medically necessary.
Article 33 Persons engaged in the diagnosis of hereditary diseases and prenatal diagnosis as provided for in this Law must be examined by the health administrative departments of the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government and obtain the corresponding certificates of competency.
Persons engaged in premarital medical examination, ligation surgery and pregnancy termination surgery as provided for in this Law, as well as those engaged in family midwifery, must undergo an examination by the health administrative department of the people's government of the locality at or above the county level and obtain the corresponding certificate of competency.
Article 35 If a person who has not obtained the relevant certificate issued by the State commits any of the following acts, the health administrative department of the local people's government at or above the county level shall put a stop to it, and may give a warning or impose a fine according to the circumstances:
(1) engaging in premarital medical examination, diagnosis of hereditary diseases, prenatal diagnosis, or medical technical appraisal;
(2) carrying out surgery for termination of pregnancy;
(2) performing ligation surgery; and pregnancy surgery;
(3) issuing the relevant medical certificates stipulated in this Law.
Provisions on the Prohibition of Fetal Sex Determination for Non-Medical Needs and Sex-Selective Artificial Termination of Pregnancy
(State Family Planning Commission Decree No. 8)
The Provisions on the Prohibition of Fetal Sex Determination for Non-Medical Needs and Sex-Selective Artificial Termination of Pregnancy have been deliberated and adopted by the committee meeting of the State Family Planning Commission, the ministerial meeting of the Ministry of Health and the board meeting of the State Drug Administration.
Article 1 In order to implement the basic national policy of family planning and to keep the sex ratio at birth within the normal range, the Regulations are formulated in accordance with the Law of the People's Republic of China on Population and Family Planning, the Law of the People's Republic of China on Maternal and Infant Health Care, the Measures for Implementing the Law of the People's Republic of China on Maternal and Infant Health Care, and the Regulations on the Administration of Family Planning Technical Services.
Article 3 prohibits the identification of the sex of the fetus for non-medical needs and the artificial termination of pregnancy by selective sex. Without the approval of the administrative department of health or the administrative department of family planning, no institution or individual may carry out fetal sex identification and artificial termination of pregnancy. Except as otherwise provided by laws and regulations.
Article 6 The implementation of medically necessary fetal sex identification shall be collectively examined and approved by an expert group of three or more members of the implementing organization. If, upon diagnosis, the termination of pregnancy is really necessary, the implementing organization shall issue a medical diagnosis for it and notify the administrative department of family planning of the people's government at the county level.
Article 7 If a person who meets the fertility conditions stipulated in the Regulations on Population and Family Planning of the provinces, autonomous regions and municipalities directly under the Central Government, and has received a certificate of fertility service, and intends to carry out a termination of pregnancy in the middle stage or above (more than 14 weeks' gestation) that is not medically necessary, he or she shall be approved by the administrative department of family planning of the people's government at the county level, or by the people's government of the township where the person is located or by the family planning agency of the street office, and shall obtain the corresponding certificate.
Article 8 Medical personnel who undertake to perform termination of pregnancy operations shall check and register the identity card of the patient before the operation, as well as the medical diagnosis results or corresponding certificates as stipulated in Article 6 or Article 7.
Article 11 Healthcare institutions and family planning technical service organizations shall set up conspicuous signs in the relevant workplaces forbidding the identification of the sex of the fetus for non-medical needs and the artificial termination of pregnancy on the basis of sex.
Article 17 If a staff member of a healthcare institution or a family planning technical service institution illegally performs fetal sex identification or sex-selective termination of pregnancy for another person, the administrative department of health or the administrative department of family planning shall, in accordance with the "Law of the People's Republic of China on Population and Family Planning," the "Law of the People's Republic of China on Maternal and Infant Health Care," "Measures for Implementing the Law on Maternal and Infant Health Care," and "Measures for Implementing the Law on Family Planning" and "Measures for Implementing the Law on Maternal and Infant Health Care" and "Measures for Implementing the Law on Family Planning" and the Law on Maternal and Infant Health Care. Measures for the Implementation of the Law on Maternal and Child Health Care" and "Regulations on the Administration of Family Planning Technical Services" and other relevant laws and regulations, shall be dealt with, and if a crime is constituted, shall be investigated for criminal responsibility according to law.
Methods for the Administration of Nurses in the People's Republic of China
Date of promulgation: 19930326 Date of implementation: 19940101
Article 2: Nurses referred to in the present Measures refer to professional and technical nursing personnel who have obtained the Certificate of Practice for Nurses of the People's Republic of China in accordance with the provisions of the present Measures and have been registered.
Article 16 The registration of nurses shall be valid for two years.
Article 19 No one may work as a nurse without being registered as a nurse.
Article 25 In the event of natural disasters, epidemics of infectious diseases, sudden major casualties and other emergencies that seriously threaten the lives and health of the population, nurses must obey the dispatch of the administrative department of health and take part in medical rescue and preventive health care work.
The Regulations on the Handling of Medical Accidents
have been adopted at the 55th executive meeting of the State Council on February 20, 2002, and are hereby promulgated and shall come into force on September 1, 2002, with the following provisions.
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;
Second-degree medical malpractice: causing the patient's moderate disability and organ and tissue damage leading to severe functional impairment;
Third-degree medical malpractice: causing the patient's mild disability, organ and tissue damage causing general dysfunction;
Level IV medical malpractice: causing other consequences of obvious physical damage to the patient.
Article 13 If a medical staff member occurs or discovers a medical malpractice, a medical negligence that may cause a medical malpractice, or a dispute over a medical malpractice in the course of medical activities, he or she shall immediately report the incident to the head of his or her department, and the head of the department shall promptly report the incident to the department responsible for monitoring the quality of medical services of the medical institution or to the full-time or part-time staff member; after the department or full-time or part-time staff member is notified of the incident, he or she shall immediately report the incident to his or her department. (part-time) personnel shall, upon receipt of the report, immediately investigate, verify, and truthfully report the situation to the person in charge of the medical institution, and inform and explain to the patient.
Article XIV of the occurrence of medical accidents, medical institutions shall, in accordance with the provisions of the local health administrative department report.
The 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 the second level of medical malpractice;
(b) lead to the consequences of personal injury to more than three people;
(c) the State Council administrative department of health and the provinces, autonomous regions, municipalities directly under the Central Government (C) the State Council administrative department of health and the provincial, autonomous regions and municipalities directly under the Central Government of the people's government health administrative department of other circumstances.
Article 18 of the patient's death, doctors and patients can not determine the cause of death or the cause of death of disagreement, shall be conducted 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 shall be agreed and signed by the next of kin of the deceased.
Article 19 of the patient died in a medical institution, the body should be immediately transferred to the morgue. Dead body storage time shall not normally exceed 2 weeks. Late disposal of the body, approved by the health administrative department where the medical institution, and reported to the public security department at the same level for the record, the medical institution in accordance with the provisions of the disposal.
Article 33 Any one of the following circumstances is not a medical incident:
(1) In an emergency to save the life of dying patients and take emergency medical measures resulting in adverse consequences;
(2) In medical activities due to the patient's condition is abnormal or the patient's physical characteristics of the special and medical accidents;
(3) In the existing medical science and technology conditions, the occurrence of unforeseeable medical accidents. (C) in the existing medical science and technology conditions, the occurrence of unforeseen or can not be prevented adverse consequences;
(D) no fault blood transfusion infections resulting in adverse consequences;
(E) delayed diagnosis and treatment due to the patient's reasons leading to adverse consequences;
(F) force majeure resulting in adverse consequences.
Article 56 A medical institution that violates the provisions of these Regulations in one of the following cases shall be ordered by the administrative department of health to make corrections; if the circumstances are serious, the supervisors in charge and other personnel directly responsible shall be given administrative or disciplinary sanctions according to law:
(1) failing to truthfully inform the patient of his or her condition, medical treatment measures, and medical risks;
(2) refusing to provide a copy of the medical treatment to the patient without a Justified reasons, refused to provide patients with photocopying or reproduction of medical records;
(3) Failure to write and properly store medical records in accordance with the requirements stipulated by the State Council's administrative department of health;
(4) Failure to make additional entries on the contents of the medical records of the resuscitation work in the prescribed period of time;
(5) Failure to seal, store and unseal the medical records and physical objects in accordance with the provisions of the Ordinance (vi) Failure to set up a medical service quality monitoring department or staffed with full-time (part-time) personnel;
(vii) Failure to formulate the relevant medical incident prevention and treatment plan;
(viii) Failure to report to the administrative department of health within the prescribed time to report the act of gross medical negligence;
(ix) Failure to report to the administrative department of health, in accordance with the provisions of these Regulations Medical malpractice;
(j) Failure to carry out autopsies and preserve and dispose of corpses in accordance with the provisions.
The Law of the People's Republic of China on Blood Donation
Article 2 The State implements a system of gratuitous blood donation.
Article 13 Medical institutions must verify the clinical use of blood and may not use blood that does not meet the standards set by the State for clinical use.
Article 15 In order to safeguard the needs of citizens for blood for clinical emergencies, the State promotes and guides patients undergoing elective surgery to store their own blood, and mobilizes their families, relatives and friends, their units and the community to help each other to donate blood.
In order to ensure emergency blood, medical institutions may temporarily collect blood, but shall ensure the safety of blood collection and use in accordance with the provisions of this Law.
Article 24 This Law shall come into force on October 1, 1998.