Beijing’s first local legislation protects hospital safety
□ reporter Wang Bin
On July 1, the "Beijing Hospital Safety Order Management Regulations" (hereinafter referred to as the "Regulations") came into effect. This is the first time that Beijing has passed local legislation to protect the safety of hospitals, and the rigidity of the rule of law specifically protects the personal safety of medical personnel.
According to the "Regulations", assaulting medical staff, carrying knives, gathering crowds, and other seven categories of behaviors that violate the safety of medical staff and disturb the order of the hospital are strictly prohibited. At the same time, the hospital will establish a security inspection system. Personnel may suspend diagnosis and treatment.
Violent medical injuries frequently cause new regulations
Zhang Lijuan, director of the Division II of the Legal Measures of the Standing Committee of the Beijing Municipal People's Congress, said that the "Regulations" are designed to effectively protect the safety of medical personnel, maintain the safety of hospitals, prevent and eliminate hidden dangers related to medical safety, and punish medical-related crimes.
Since the end of last year, there have been continuous incidents of violent injuries to medical personnel in Beijing, which has caused a strong reaction in the society. The general public's voice for severely punishing criminals involved in medical law and increasing protection of medical personnel is increasing. Especially after the outbreak of the New Coronary Pneumonia epidemic, medical personnel have always fought hard to fight the epidemic. The consensus of the whole society to respect, respect and be grateful for medical personnel has also been unprecedentedly high. It is against this background that the "Regulations" came out. It focused on the safety order of the hospital, and used the rigidity of the rule of law to specifically protect the personal safety of medical personnel and the interests of the public, so that medical personnel can perform the sacred duties of life-saving and healing in a safe environment. The civilized progress of society escorts.
"Legal Daily" reporter learned that the "Regulations" has formed unique legislative characteristics and emphases in four aspects: small-cut legislation, innovation of legislative methods, clarification of responsibilities, and system design.
Small cutting legislation. The "Regulations" do not seek to be large and comprehensive, but only focus on maintaining the safety of the hospital, solving the problem of violent injuries to doctors, and focusing on how to design and prevent effective measures to ensure that the occurrence of vicious medical-related cases is minimized and prevented. Focusing on this legislative purpose, the "Regulations" design systems, formulate measures, and set terms in accordance with the working principles of linkage between medical police and prevention, prevention, comprehensive management, and joint maintenance.
Innovation in legislative approach. During the legislative process, the two special committees of the National People's Congress acted as the main body of the joint proposal, researching and drafting together, and solving problems together. The security order of the hospital is closely related to the hospital and the public security. The joint proposal of the two special committees can take into account the interests of both parties, so as to be accurate, objective, and fair, and achieve the effect of one plus one greater than two.
Clear responsibilities. Regarding hospital safety, many documents have been issued by the state and Beijing. However, the difficulty in the implementation of the documents was mainly due to the lack of clear division of responsibilities. Therefore, legislation is urgently needed to decisively cut this issue. To this end, the legislative special class starts with responsibilities, and refines the responsibilities of the urban government, health department, public security organs, hospital organizers and hospitals one by one to find a breakthrough for solving this crux.
In terms of system design, the Legislative Special Class has referenced the experience and practices in practice, and at the same time combined with the actual situation in Beijing, made some exploration attempts, such as improving the medical police linkage mechanism, and the person in charge of the police office serving as a deputy to the security department of the hospital. Security inspection system, total amount of visits, protective medical measures, high-risk prevention measures, etc. are all effective measures designed from the perspective of preventing and reducing violent injuries.
Refine medical and police linkage emergency response mechanism
The "Regulations" propose that the municipal and district people's governments should strengthen their leadership in the management of hospital safety and order, provide protection for the hospital's safety and order, guide and supervise health and public security organs and other departments to perform their duties in accordance with law, and improve and improve the medical dispute mediation work mechanism and The medical police linkage mechanism solves major problems in the management of hospital safety and order in a coordinated manner.
The hospital shall perform five duties including the establishment and improvement of the hospital safety management system; the establishment of a medical personnel safety precaution system; the establishment of a medical dispute risk assessment system; the establishment of a special security agency to organize daily safety order maintenance; and emergency treatment of medical-related safety incidents.
Zhang Lijuan said that in terms of handling, the "Regulations" detailed the emergency response mechanism of medical-police linkage, which is reflected in five aspects:
First, if the medical personnel refuse to accept the security check or enter the hospital with prohibited items, the security check personnel shall report to the public security organ for handling according to law.
The second is to threaten high-risk patients who threaten violence, go to hospitals for unreasonable troubles, and drunk many times. The hospital should take risk warnings, arrange security guards to accompany them, arrange medical staff to avoid them, and report to public security organs for preventive measures.
Third, public security organs or hospitals may take protective and restrictive measures in accordance with the Mental Health Law, Drug Control Law, and Public Security Management Penalty Law for persons who are drunk, drug abusers, or mentally disordered persons who threaten the personal, property, or public safety of the hospital, and disrupt the safety order of the hospital. Protective medical measures.
The fourth is to deal with insults, intimidation, or threats of violence in a graded manner. When medical personnel are threatened by violence, they can take protective measures such as hedging and defense to suspend diagnosis and treatment; after the situation that threatens personal safety disappears, the hospital should promptly arrange medical personnel to resume diagnosis and treatment.
Fifth, clarify the prohibited behavior and legal responsibilities. It is stipulated that insults, intimidation, beatings, injuries and other acts that infringe on the personal safety of medical personnel and disrupt the safety and order of hospitals shall be given warnings, fines, and detention in accordance with the Public Security Management Penalty Law. At the same time, joint disciplinary measures were stipulated.
Build a security information platform for hospitals in the city
In terms of mechanism construction, the "Regulations" propose that, first, the health department, public security organs and hospitals should regularly consult and report information, analyze the hospital's security situation, carry out conflict resolution and mediation, conduct risk assessment and early warning, and coordinate medical safety incidents. The second is to establish the city's hospital safety and security information platform, information sharing and sharing. The third is that public security organs intervene in advance in medical disputes and other security risks that may lead to public security or criminal cases, carry out preventive measures, conduct legal education, and inform the parties that they must not commit illegal acts. Fourth, when there is a case that violates the safety of medical personnel or disturbs the safety and order of the hospital, the hospital and the public security machine will take action.
Regarding the working mechanism of setting up police rooms in hospitals, the state and Beijing had relevant regulations many years ago. In practice, Beijing has established a total of 101 police rooms in most tertiary hospitals and some conditional secondary hospitals. . However, from the point of view of effect, some police offices have not played enough roles, and the effective linkage with the hospital security department is not close enough, and it is urgent to improve the system design.
According to the "Regulations", public security organs should set up police rooms in second-level and above hospitals with the necessary police force; the police offices and the public security department of the hospital work together. The hospital shall provide the necessary working conditions for the police room. The police in the police room should strengthen the inspection and guidance of the daily safety and security work of the hospital, urge the hospital to do a good job in the construction of a safety precaution system, and carry out patrols, prevention, control, and disposal. For hospitals that do not have a police room, the local police station and the security department of the hospital shall establish a daily working mechanism and implement their security responsibilities.
In this regard, Pan Xuhong, a spokesman for the Beijing Municipal Public Security Bureau, made it clear that he will actively promote the construction of the police office of the hospital. While doing a good job of upgrading and renovating the police rooms of 101 key hospitals, further site selection, unified identification, and deployment of police force , Strive to achieve full coverage of the police room as soon as possible in the second-level and above hospitals in the city.
Pan Xuhong revealed that the Beijing police has worked with the municipal health and health committee to draft a list of prohibited and restricted items for the hospital. After being approved for review according to regulations, it will be officially released to the public. At the same time, the police are working with the health department to select some hospitals to carry out pilot construction, promote the revision of hospital security system construction standards, and strengthen the sharing and integration of video surveillance systems in hospitals throughout the city and public security organs.
Set up "security inspection" to put safety first
The "Regulations" proposes that hospitals should establish a security inspection system, conduct security inspections at the entrances of hospitals or key areas as necessary, and strictly prevent prohibited items from entering the hospital. At the same time, personnel entering the hospital should actively accept and cooperate with security inspections because of physical or other If it is not suitable to accept the equipment safety inspection for special reasons, it shall be subject to manual inspection. Hospitals who refuse to accept security inspections have the right to refuse their entry; those who refuse to accept security inspections forcibly enter or disturb the order of the security inspection site shall be stopped by security inspectors; if they are invalid, they shall be reported to the public security organ for handling according to law.
This means that in the future, you must go through a "security check" before going to the hospital. In this regard, the relevant person in charge of the Supervision and Judicial Committee of the Beijing Municipal People’s Congress explained that as an important preventive measure, security inspections can effectively prevent prohibited items from injuring medical personnel from entering the hospital. There are precedents for hospitals to conduct safety inspections at home and abroad, and there are many in Beijing. The hospital adopts security inspection measures and already has a certain practical basis. Considering the different situations of various types of hospitals, while the regulations require the establishment of a security inspection system, space has been left for the specific methods adopted by the hospital. The hospital can choose to use machine or manual security inspection, comprehensive security inspection or key inspection according to actual needs. the way.