医疗事故处理条例 The Regulation on the Handling of Medical Accidents

al acts or medical disputes that should have been given technical authentications；

　　（4） Failing to report level-by-level the medical accidents that have happened in the local place and the administrative punishments given to the medical institutions and the staff members thereof that have incurred medical accidents to the administrative departments of health of higher levels； or

　　（5） Failing to examine the letters of technical authentication medical accidents according to the provisions of the present Regulation.

　　Article 55 Where any medical

accident is incurred by any medical institution， the administrative department of health shall take the grade and other circumstances into consideration and give a warning； where the circumstances are serious， it shall be ordered to make rectifications within a time limit or the license of business thereof could even be canceled by the authority that issued the license， and the staff members who are held to be responsible shall be subject to taking criminal liabilities according to the provisions of the criminal law concerning the crime of medical accidents； if the accident is not serious enough for criminal punishment， they shall be given administrative punishments or disciplinary punishments.

　　Apart from the punishments given to the medical professionals that have incurred medical accidents as provided in the preceding paragraph， the administrative department of health may also order them to suspend business for a term of not less than 6 months but not more than a year； where the circumstances are serious， the licenses of practice thereof may be canceled.

　　Article 56 In case any of the medical institutions violates the provisions of the present Regulation by doing any of the following， it shall be ordered by the administrative department of health to make corrections； if the circumstances are serious， the person-in-charge and other people that are held to be responsible shall be given administrative punishments or disciplinary punishments：

　　（1） Failing to truthfully inform the patient of the state of his illness， the measures of medical treatment or medical risks；

　　（2） Refusing to photocopy or reproduce the case history materials for the patients without good reasons；

　　（3） Failing to write or properly keep the case history materials in accordance with the requirements of the administrative department of health under the State Council；

　　（4） Failing to make up case history materials of rescue within the prescribed time limit；

　　（5） Failing to seal up， keep and open the case history materials or material objects according to the requirements of the present Regulation；

　　（6） Failing to set up a department to arrange for full-time （or part-time） persons for the quality control of medical treatment services；

　　（7） Failing to formulate preliminary plans for the prevention and handling of medical accidents；

　　（8） Failing to report serious negligent medical acts to the administrative departments of health within the prescribed time limit；

　　（9） Failing to report medical accidents tot eh administrative departments of health according to the provisions of the present Regulation；

　　（10） Failing to make autopsies or to keep or handle corpses according to the provisions of the present Regulation.

　　Article 57 In case any of the professionals that participate in the technical authentications of medical accidents violates the provisions of the present Regulation by accepting any property or other interest of both or either party that applies for authentications， issuing false letters of technical authentication of medical accidents， and thus causing serious consequences， he shall be subject to undertaking criminal liabilities according to the provisions of the criminal law concerning the crime of taking bribes； if the offence is not serious enough for criminal liabilities， the license of practice or qualifications certificate thereof shall be canceled by the authority that granted it.

　　Article 58 In case any of the medical institutions or other organizations violates the provisions of the present Regulation by doing any of the following， it shall be ordered by the administrative department of health for making corrections and shall be given a warning； the person-in-charge and other people that are held to be directly responsible shall be given administrative punishments or disciplinary punishments according to law； if the c

ircumstances are serious， the license of practice or qualifications certificate thereof shall be withdrawn by the authority that granted it：

　　（1） Any institution undertaking the task of making autopsies failing to do so without good reasons；

　　（2） Altering， fabricating， concealing or destroying any of the case history materials.

　　Article 59 Any who picks quarrels and stirs up trouble or robs case history materials under the pretext of medical accidents so that the normal order of medical treatment and technical authentication of medical accidents is handicapped shall be subject to undertaking criminal liabilities according to the provisions of the criminal law concerning the crime of disrupting the order of the society； if the offence is not serious enough for criminal liabilities， he shall be subject to subject to punishments in respect of management of public security and order.

　　Chapter VII Supplementary Provisions

　　Article 60 The term “medical institution” as mentioned in the present Regulation shall refer to an institution that has obtained a “License of Practice by Medical Institutions” according to the provisions of the Regulation on the Administration of Medical Institutions.

　　The technical accidents of birth control caused by the institutions that are engaged in providing technical services in birth control in the cities on the county level and above according to the Regulation on the Administration of Technical Services in Birth Control shall be handled according to the relevant provisions of the present Regulation. However， as for the accidents of birth control caused by the institutions that are not medical institutions in the cities on the county level and above， the functions of accepting and arranging for societies of medical sciences that are responsible for making technical authentications of medical accidents and mediating compensations that are exercised by the administrative departments of health according to the relevant provisions of the present Regulation shall be exercised instead by the administrative department of birth control. The institutions and persons thereof that have caused any accident of birth control shall be handled according to law.

　　Article 61 Illegal medical practices that cause personal injuries to the patients shall not be deemed as medical accidents； if the provisions of the criminal law have been violated， the offender shall be subject to taking criminal liabilities； if any compensations are involved， the victim therefrom shall institute actions directly at the people‘s court.

　　Article 62 The measures for the handling of medical accidents of military medical institutions shall be formulated by the PLA department of health in collaboration with the administrative department of health under the State Council on the basis of the present Regulation.

　　Article 63 The present Regulation shall come into force as of September 1， 2002. The Measures for the Handling of Medical Accidents which was promulgated by the State Council on June 29， 1987 shall be annulled concurrently. The disputes that have already been settled prior to the implementation of the present Regulation shall not be handled anew

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