Regulations of Beijing Municipality on the Administration of Hospital Safety Order
(Adopted at the 22nd meeting of the Standing Committee of the 15th Beijing Municipal People's Congress on June 5, 2020)
Beijing Municipal People's Congress Standing Committee Announcement
[Fifteenth Session] No. 30
The Regulations of Beijing Municipality on the Administration of Hospital Safety Order has been adopted by the 22nd meeting of the Standing Committee of the 15th Beijing Municipal People’s Congress on June 5, 2020 and is hereby promulgated and will come into force on July 1, 2020 .
Standing Committee of the 15th Beijing Municipal People's Congress
June 5, 2020
Article 1 In order to strengthen the safety management of hospitals in this Municipality, maintain the safety order of hospitals, punish medical-related crimes and crimes, protect the safety of medical personnel and the interests of the general public, these regulations are formulated in accordance with relevant laws and regulations and the reality of this Municipality.
Article 2 These Provisions apply to the management of the safety and order of hospitals at all levels and types within the administrative area of this Municipality.
Article 3 The safety order management of hospitals in this Municipality shall follow the principles of prevention first, comprehensive treatment, linkage between medical and police, legal disposal, and joint maintenance.
Article 4 The hospital practice site is a public place providing medical and health services. No organization or individual may disturb their security order.
Medical personnel perform their duties and are protected by law. No organization or individual may threaten or endanger the personal safety of medical personnel or violate the personal dignity of medical personnel.
Article 5 The municipal and district people's governments shall strengthen the leadership of the management of hospital safety order within their administrative area, provide guarantee for the hospital safety order, guide and supervise the health and public security organs and other departments to perform their duties in accordance with law, and improve and report information concerning medical complaints. Notifications, mediation of medical disputes, and a linkage mechanism between medical and police to coordinate and resolve related issues in the management of hospital safety and order.
Article 6 The health department shall perform the following duties:
(1) Improve medical and health service measures, improve the quality of medical services, and guide and supervise hospitals to prevent and properly handle medical disputes;
(2) Formulate the work order of hospital safety order management, establish and improve the assessment and evaluation mechanism of hospital safety order management, and carry out inspections of hospital safety order management;
(3) To guide and supervise the hospital to formulate safety and security, risk management systems and emergency plans, and carry out safety education and training and emergency response drills;
(4) Handle complaints and complaints involving doctors in a timely manner, organize and guide hospitals to handle major medical safety incidents, and release information in a timely manner.
Article 7 The public security organ shall perform the following duties:
(1) Guiding the hospital to formulate an internal safety and security system, and urging the hospital to implement security measures;
(2) Inspect and guide the hospital's civil air defense, material air defense, technical air defense construction and safety inspection work;
(3) Organize the daily patrol prevention and control of the hospital, prompt the police, promptly dispose of, and punish in accordance with laws and crimes related to medical treatment.
The municipal public security organ, in conjunction with the municipal health department, shall formulate and publish a list of prohibited and restricted items for the hospital.
Article 8 The sponsor of a hospital shall perform the following duties:
(1) Strengthen the investment in the construction of hospital safety and prevention facilities, provide necessary guarantees for the management of hospital safety and order, supervise and inspect hospitals to implement safety management measures, and eliminate and reduce hidden dangers in hospital safety and order;
(2) Urge the hospital to carry out safety education and training to improve emergency response and risk prevention capabilities;
(3) Assist relevant departments in handling major medical safety incidents.
Article 9 The hospital shall perform the following duties:
(1) Promote real-name visits and non-emergency appointment registration, improve the diagnosis and treatment environment, enhance the experience of visits, and improve the quality of medical services;
(2) Establish and improve the hospital safety management system, improve the hierarchical handling mechanism and plans for medical-related safety incidents, and organize emergency handling drills;
(3) Establish a medical personnel safety precaution system, strengthen the education, training and management of medical personnel, improve medical personnel's professional ethics, professional quality, and medical service level, and enhance the medical personnel's awareness and ability of safety prevention;
(4) Establish a medical dispute risk assessment system, conduct regular analysis of medical disputes, and prevent, reduce, and properly resolve medical disputes;
(5) To clarify the special agencies for public security and to organize and carry out daily safety and order maintenance work;
(6) In the event of a medical-related safety incident, immediately start an emergency plan and quickly carry out emergency treatment.
Article 10 The municipal and district health departments and public security organs, hospitals and local public security police stations shall establish a joint meeting system to discuss information, analyze the security situation of the hospital, carry out conflict resolution and mediation, conduct risk assessment and early warning, and coordinate the treatment of medical safety event.
Article 11 The health and health department, together with the public security organs and other units, establishes a city's hospital safety and security information platform to share information on medical disputes, information on high-risk medical personnel, medical police 110 police information, and data on illegal criminals involved in medical cases.
Article 12 The public security organ shall intervene in advance in medical disputes and other hidden safety hazards involving medical security or criminal cases, carry out preventive measures, conduct legal education on the parties, and warn about the consequences of the conduct.
Article 13 The public security organ shall set up a police office in a second-level or higher hospital in accordance with the regulations and equip it with the necessary police force; the police office and the public security department of the hospital shall jointly work. 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 security work of the hospital, urge the hospital to do a good job in the construction of a security system, and carry out patrols, prevention, control, and disposal.
For hospitals that do not have a police station, the local police station and the security department of the hospital shall establish a daily working mechanism and implement safety and security responsibilities.
Article 14 The hospital shall establish and improve the complaint reception system, standardize the complaint handling procedures, do a good job of publicity and guidance, and guide the complainant to resolve disputes through legal channels such as negotiation, mediation, and litigation.
In the event of a medical dispute, the mediation department of the hospital's doctor-patient relationship should immediately send staff to communicate with the patient or his close relatives to actively resolve the dispute; for those who may cause public security or criminal cases, the person in charge of the hospital shall promptly intervene.
Article 15 Hospitals should be equipped with full-time security personnel and corresponding equipment and equipment according to the actual conditions such as the size of the hospital, the number of hospital beds, and the average number of outpatients per day. The area is on duty 24 hours.
Article 16 The hospital shall establish and improve a safety precaution system, be equipped with safety protection equipment and monitoring equipment in accordance with the prescribed standards, set up a safety monitoring center, and implement full coverage of video surveillance of the main channels and key areas in the hospital.
Hospitals should be equipped with one-key alarm devices in key parts such as emergency rooms, medical departments, doctors' offices, nurses' stations, and security checkpoints, networked with security monitoring centers and police offices, and connected to local police stations.
Medical personnel trigger a one-key alarm device, and civilian police and hospital security personnel should immediately go to the scene to verify the situation, decisively stop the illegal acts, and take the offenders away from the scene.
Article 17 The hospital shall establish a safety inspection system, conduct safety inspections at the entrance of the hospital or the entrance of key areas as necessary, and strictly prevent prohibited items from entering the hospital; the hospital shall set up green passages for safety inspections for patients in emergency.
The hospital shall select a security service company with security inspection qualifications to engage in security inspection work; security inspection personnel shall possess security inspection skills and only obtain relevant qualification certificates in accordance with law before taking up positions.
Article 18 The personnel entering the hospital shall take the initiative to accept and cooperate with the safety inspection; if it is not suitable to receive the equipment safety inspection due to physical or other special reasons, it shall be subject to manual inspection. The manual inspection shall protect the privacy of the inspected person; the manual inspection of female personnel shall be carried out by female security inspectors.
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.
If a security inspector finds that he carries prohibited articles stipulated by the state, he shall first control the scene and immediately report to the public security organ; if he finds that he carries restricted articles stipulated by this Municipality, he shall inform his storage; if he refuses to forcibly enter the hospital, he shall report The public security organ handles it according to law.
Article 19: Public security organs or hospitals may implement protective restraint measures or protective medical measures against inpatients such as drunk, drug addiction, and mentally disordered patients who threaten others' personal, property, or public safety, and disrupt the safety order of the hospital.
Article 20 If it is found that there are threats of violence, repeated unreasonable troubles in the hospital, or high-risk treatments such as drunk, drug addiction, and mental disorder patients, the hospital shall give a risk warning to the relevant medical personnel and arrange for the hospital security personnel to accompany the doctor until He left the hospital; if necessary, he can arrange the relevant medical personnel to avoid diagnosis and treatment, and report to the public security organ, and the public security organ shall carry out preventive treatment in accordance with the provisions of Article 12 of these regulations.
Article 21 The public security personnel of the hospital shall promptly stop insults, threats, intimidation and other acts against medical personnel; if the circumstances are serious, the perpetrators shall be warned to leave the scene and reported to the public security organs for handling according to law.
In the event of a threat of violence against medical personnel, the public security personnel of the hospital shall promptly control the offender, immediately report to the public security organ, take effective measures to prevent the situation from expanding, retain fixed evidence, and cooperate with the public security organ in the investigation and investigation of the case.
Article 22 When medical personnel are threatened by violence, they may adopt protective measures such as hedging and defense to suspend diagnosis and treatment; the department where the medical personnel are located shall immediately initiate an emergency response plan, report to the public security organ, and protect the safety of medical personnel and medical personnel.
After the situation that threatens personal safety disappears, the hospital shall promptly arrange medical personnel to resume diagnosis and treatment.
Article 23 No one shall have the following behaviors:
(1) Insults, intimidation, threats, verbal abuse, shoving and malicious trailing medical personnel;
(2) Beating or injuring medical personnel;
(3) Illegal restrictions on the personal freedom of medical personnel;
(4) Illegal carrying of control equipment such as firearms, ammunition, daggers, explosive, toxic, radioactive, corrosive substances, and restricted items such as kitchen knives, axes, sticks, etc. into the hospital;
(5) Illegal occupation or deliberate damage to hospital property;
(6) Loud and noisy in the hospital, deliberately expand the situation, extortion and extortion through medical disputes, morgue illegally in the hospital and its surroundings, set up halls, put wreaths, block passages, gather crowds, etc.;
(7) Other behaviors that violate the safety of medical personnel and disturb the safety order of the hospital.
Article 24 Any violation of the provisions of the second paragraph of Article 18 and Article 23 of these Provisions constitutes a violation of public security management, and the public security organ shall issue warnings, fines, detention, etc. in accordance with the Law of the People’s Republic of China on Public Security Management and Punishment Punishment.
Those who violate the provisions of Article 18, paragraph 3 of these regulations, and bring into the hospital the restricted articles stipulated by this Municipality, and do not listen to the dissuasion, shall be warned by the public security organ or fined under 200 yuan.
Anyone who violates the provisions of Article 18 and Article 23 and causes personal or property damage shall bear civil liability according to law; if it constitutes a crime, criminal responsibility shall be investigated according to law.
Article 25 Anyone who commits an illegal act against a hospital or medical personnel under one of the following circumstances shall be severely punished by the public security organ according to law:
(1) There are more serious consequences;
(2) Instigating others to implement;
(3) Those who have been punished by public security administration within six months.
Article 26 For perpetrators who seriously endanger the safety and order of hospitals, the relevant units and departments shall share their detentions and criminal responsibilities by judicial organs in accordance with the relevant regulations of the state, and share them with the national credit information sharing platform. Disciplinary measures.
Article 27 If the public security personnel of the hospital cause damage to the wrongdoer due to the normal performance of their duties, and meet the legal exemption conditions, they shall not be liable in accordance with the law.
If other personnel stop the illegal and criminal acts and meet the conditions of being brave, they shall be determined in accordance with relevant regulations.
Article 28 If the hospital fails to perform the duties of safety order management and there are hidden dangers in safety work, the public security organ shall order corrections and impose a warning; those who fail to make corrections within the time limit shall be punished according to law and may recommend the relevant organization to the person in charge of the unit and Other directly responsible personnel shall be punished according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 29 Staff members of relevant departments such as health and public security organs who neglect their duties, engage in malpractices for personal favors, or abuse their powers in the management of hospital safety and order shall be given disciplinary sanctions according to law; those who constitute a crime shall be investigated for criminal responsibility in accordance with law.
Article 30 The safety and order management of other medical and health institutions shall be implemented in accordance with these regulations.
The medical personnel referred to in these regulations refer to patients and their accompanying persons who enter the hospital.
Article 31 These regulations shall come into force on July 1, 2020.