Shanghai issues government regulations to protect the rights and interests of medical and health personnel (with full text)

On January 5th, Shanghai issued the Measures for the Protection of the Rights and Interests of Medical and Health Personnel in Shanghai (hereinafter referred to as the Measures), which are the first provincial government regulations in the country to regulate the protection of the rights and interests of medical and health personnel.
December 30, Luo Peixin, deputy director of the Shanghai Municipal Bureau of Justice, introduced the "Measures" have the following features: First, to clarify the prohibition of medical and health personnel and their legal responsibilities.
is to introduce the credit disciplinary system and build a closed loop of the disciplinary mechanism.
third is the establishment of avoiding diagnosis and treatment, safety inspection and other systems.
, emergency risk avoidance is a legal right, but medical and health personnel often read and duty mission, stick to their posts, resulting in can not avoid law-based violations.
fourth is to give practical details to the beneficial norms of medical and health personnel.
is to set aside the interface of the judicial protection system.
The full text of the Measures for the Protection of the Rights and Interests of Medical and Health Personnel in Shanghai is as follows: The Measures for the Protection of the Rights and Interests of Medical and Health Personnel in Shanghai (published by order no. 40 of the Shanghai Municipal People's Government of December 28, 2020) Chapter I General Provisions Article 1 (purpose basis) In order to fully safeguard the legitimate rights and interests of medical and health personnel, strengthen the construction of medical and health personnel, promote the formation of a social culture of "respect for medical care and health care", protect the health of the people, in accordance with the Basic Medical and Health Promotion Law of the People's Republic of China and other laws and regulations, in accordance with the actual laws and regulations of this Municipality.
(scope of application) These Measures shall apply to the protection of the rights and interests of medical and health personnel in this Municipality in connection with the performance of their duties.
medical and health personnel referred to in these Measures refer to health professionals such as practicing (assistant) physicians, registered nurses, pharmacists (taxis) and technicians (taxis).
referred to in these Measures as medical and health institutions, refers to primary health care institutions, hospitals and professional public health institutions.
article 3 (Improving the capacity of medical services) The city increases its financial investment in medical and health services, enhances its medical service capacity and emergency response capacity for public health emergencies, strengthens the construction of medical and health personnel, advocates rational and civilized medical treatment, and builds a harmonious doctor-patient relationship.
municipal and district people's governments to strengthen their leadership in medical and health work, arrange funds rationally, and raise the level of health and medical services.
article 4 (Departmental responsibilities) The competent department of health and health shall be responsible for perfecting the policy of medical and health services, supervising and guiding medical and health institutions to safeguard the legitimate rights and interests of medical and health personnel, and taking the lead in establishing and improving the coordination mechanism for the protection of the rights and interests of medical and health personnel in this municipality, and coordinating the resolution of major problems concerning the protection of the rights and interests of medical and health personnel.
the relevant departments to formulate specific measures to improve the medical and health personnel practice environment, staffing and salary treatment, job title assessment and so on.
public security organs are responsible for guiding the safety and security of medical and health institutions, dealing with illegal and criminal acts such as disturbing the normal order of medical and health institutions and violating the personal safety of medical and health personnel, and assisting the people's courts in implementing the prohibition on the cessation of violations of the right to personality.
development reform, finance, civil affairs, human resources and social security, medical security, judicial administration, education and other departments in accordance with their respective responsibilities, to do a good job in the protection of the rights and interests of medical and health personnel related work.
article 5 (Obligations of medical and health institutions) Medical and health institutions shall provide safe working conditions for medical and health personnel, gradually improve the practice environment, ensure that the personal dignity and personal safety of medical and health personnel in their practice activities are not infringed, and safeguard their rights and interests in obtaining wages and allowances, enjoying the welfare benefits prescribed by the State and the Municipality.
Article 6 (Propaganda and Education) The news media, education, medical and health care and other institutions shall step up publicity efforts on outstanding medical and health personnel and their typical deeds, strengthen publicity and education on bioethics and medical laws, reasonably guide public expectations, and enhance mutual understanding between doctors and patients.
7 (Public Welfare Support) The City encourages natural persons, legal persons and illegal persons' organizations to provide support to medical and health personnel in accordance with the law through public welfare charity and voluntary service.
Chapter II Occupational Rights and Interests Protection Article 8 (Labor Safety and Health Protection) Medical and health institutions shall protect the labor safety and health of medical and health personnel, provide medical and health personnel with working environment, equipment and sanitary protective equipment appropriate to the prevention of occupational exposure, and do a good job in emergency treatment after occupational exposure.
health and health departments and municipal standardization administrative departments shall organize the formulation of environmental safety standards for medical and health places, and the competent departments of health and health shall organize inspections of the implementation of relevant standards by medical and health institutions.
medical and health institutions should strengthen the awareness of medical and health personnel's self-protection at work and reduce the harm that medical and health personnel may suffer in the occupational environment by strengthening training, regulating medical operations, vaccination, radiation protection and physical isolation.
9 (Improving working conditions) Medical and health institutions shall improve the working environment and logistical support conditions, such as diagnosis and treatment, on duty, and provide better protection for departments with concentrated medical personnel and high work pressure.
10 (Infection Control Management) Medical and health institutions shall establish a training system for knowledge of infection control and carry out special training in skills according to the characteristics of different posts.
department of health and health in this municipality shall strengthen the daily supervision, management and guidance of medical and health institutions;
the municipal medical quality control center related to infection to carry out personnel training, guidance assessment, supervision and assessment work.
Article 11 (Reports of Infectious Diseases and Exemption of Liability) Medical and health institutions shall identify specialized departments or personnel to undertake the reporting of emergencies such as infectious disease outbreaks;
medical and health personnel have the right to report directly to the competent health authorities if they detect new cases of infectious hazards, and recommend high-level protective measures in their health institutions.
medical and health personnel who report from misjudgment shall be exempted from legal liability in accordance with the law.
Article 12 (Personnel dispatch for emergencies) 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 people, medical and health personnel shall be subject to the dispatch of the competent departments of health and health care in the municipalities and districts and medical and health institutions.
the competent departments of health and health care in the cities and districts and medical and health institutions shall take into account the physical condition and family conditions of medical and health personnel, and shall not send female medical and health personnel who are pregnant or nursing.
health and other departments and medical and health institutions should truthfully explain the relevant situation to medical and health personnel, and clearly deal with the incident of special medical programs and methods to prevent the occurrence of hazards, can not be clear, and should be truthfully stated.
13 (Rest and Vacation) Medical and health institutions shall, in accordance with law, guarantee the rest and vacation time of medical and health personnel.
For medical and health personnel who participate in emergency treatment of public health emergencies or perform emergency tasks, medical and health institutions shall reasonably arrange rotation, rest and rest, and arrange compulsory rest for personnel who have been overworked for a long time.
medical and health personnel shall be entitled to paid annual leave in accordance with the provisions.
For medical and health personnel who are unable to take time off due to their participation in emergency treatment of public health emergencies or because of their emergency tasks, their medical and health institutions shall arrange for rest and recuperation in a timely manner after the end of the task.
14 (Ensuring Mental Health) Medical and health institutions shall attach importance to the mental health of medical and health personnel, establish a psychological guidance system, conduct regular mental health publicity, and provide psychological assessment and other services for medical and health personnel.
for medical and health personnel in specific posts or who are in a specific period of time and experience special emergencies, the competent departments of health and health in municipalities and districts shall organize medical and health institutions to provide timely psychological guidance and assistance.
city encourages social workers with professional qualifications to provide crisis intervention and psychosocial support, psychological guidance and other professional social work services for medical and health personnel in need.
Article 15 (Remuneration Treatment) Medical and health institutions and their higher authorities shall, together with the relevant departments, implement the various policy provisions of the State and the Municipality on the distribution of income among the staff of medical and health institutions, establish a normal adjustment mechanism, and gradually improve the remuneration and treatment of medical and health personnel.
medical and health personnel participating in emergency treatment of public health emergencies shall, in accordance with the provisions of the State and the Municipality, implement the corresponding subsidies and other policies in a timely manner.
16 (Supplementary Insurance) Medical and health institutions shall, in accordance with the provisions of the State and this Municipality, pay relevant social insurance for medical and health personnel.
medical and health institutions to purchase supplementary commercial insurance for medical and health personnel in accordance with laws and regulations and relevant provisions.
Article 17 (Policy encouragement for special medical and health personnel) The city shall implement a policy of tilting the recognition of medical and health personnel who are in short supply of professional and medical personnel working in primary health care institutions in the outer suburbs, in the areas of recognition and reward, education and training, job title evaluation, etc.;
18 (Education and Development) Medical and health personnel shall enjoy the right to participate in professional training, continuing education and academic exchange activities, and the competent departments of health and health care shall create favorable conditions for their professional development.
municipal and district health authorities shall formulate training and continuing education plans for all medical and health personnel, pay attention to new knowledge and its application, and enhance the professional and humanistic literacy of medical and health personnel.
medical and health institutions shall support medical and health personnel to participate in professional training, continuing education and academic exchange activities in accordance with the plan, and ensure their salary and treatment during the relevant period in accordance with the provisions.
Article 19 (Job Title Assessment) The job title assessment of medical and health personnel shall highlight clinical and scientific research, take the quality of diagnosis and treatment, professional and technical ability, innovation ability, participation in emergency treatment of public health emergencies or the performance of emergency tasks as an important part of the evaluation, and promote the implementation of a hierarchical classification evaluation.
evaluation should be appropriately tilted towards the grass-roots front line, and the medical and health personnel working in the primary health care institutions in the outer suburbs with outstanding work should be set up to meet the evaluation criteria suitable for their work.
for medical and health personnel who participate in emergency treatment of public health emergencies or perform emergency tasks, the employing unit shall not be limited by the proportion of the post structure of the unit, and shall give priority to the recommendation of declaration and priority evaluation.
Article 20 (Recognition Award) Medical and health personnel who work with high moral character and outstanding deeds, rescue death and injury in emergencies, perform outstandingly in rescue and treatment, and voluntarily participate in the front-line work of public health incident prevention and control shall be given recognition and rewards in accordance with the provisions of the State and this Municipality.
article 21 (Priority recommendation) When recommending and selecting candidates for national and municipal talent projects, the relevant departments shall, under the same conditions, tilt to the first-line medical and health personnel who have been recognized at or above the provincial and ministerial levels;
article 22 (Pension benefits) Medical and health personnel who are directly involved in the handling of emergencies such as natural disasters, accident disasters, public health events and social security incidents, and who have been injured or suffer from occupational diseases, in accordance with the circumstances as determined by the regulations on work-related injury insurance, shall be deemed to be injured at work and shall enjoy the benefits of work-related injury insurance in accordance with the law.
medical and health personnel who have died in the line of duty meet the criteria for the assessment of martyrs, they shall be assessed as martyrs and praised;
23 (Credit Incentive) The city shall establish a joint incentive mechanism for medical and health personnel to collect information and credit.
If medical and health personnel have one of the following circumstances, the departments of health and health shall collect information into the municipal public credit information service platform: (1) participate in the handling and rescue of emergencies such as natural disasters, accident disasters, public health events and social security incidents, and perform outstandingly;
for medical and health personnel with the circumstances stipulated in the previous paragraph, the administrative organ shall, in accordance with the law, adopt joint credit incentives and encourage market subjects to adopt preferential and convenient measures in economic activities such as production and operation.
24 (Care Services) Medical and health personnel who have difficulties in their children's study and care for the elderly when participating in emergency response to public health events and other emergencies shall provide the necessary assistance in accordance with the relevant policies.
the city encourages medical and health institutions to strengthen humane care for medical and health personnel by providing children's custody during vacations, providing apartments for young workers, and providing free medical examinations.
25 (Public Legal Services) The city encourages lawyers, notarization, judicial appraisal and other industry associations to form professional teams to provide public welfare legal services for medical and health personnel to safeguard their legitimate rights and interests.
the city to promote the integration of public legal services resources, support the relevant public legal services institutions for the victims of medical and health personnel to provide a full range of convenient legal services.
chapter III, Medical and health institutions shall carry out the main responsibility of security and safety work, ensure the safety of medical and health personnel, maintain the normal order of medical services, establish and improve the internal security system, improve security prevention facilities and equip them with security forces.
public security organs and the competent departments of health and health shall guide and supervise the safety and security work of medical and health institutions;
If a medical and health institution fails to perform its duties of security and security work and there are hidden dangers in safety work, the public security organ shall order it to make corrections within a time limit; if it fails to do so within the time limit, it shall be punished according to law, and the relevant organizations may recommend that the principal person in charge of the unit and other persons directly responsible be punished according to law; if the crime is constituted, criminal responsibility shall be investigated according to law.
Article 27 (Emergency Disposal Plan) Medical and health institutions shall formulate plans for the handling of emergencies such as workplace violence, analyze internal sites, clarify risk detection and handling in key areas, and organize emergency drills on a regular basis.
Article 28 (Material Defense Technology and Defense) Medical and health institutions shall, in accordance with the standards for the technical prevention of public security and security in this Municipality and the relevant requirements of the public security organs, strengthen the construction of security prevention facilities and conduct regular assessments;