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Economic Observer Network Reporter Qu Yixian On December 30, the Shanghai municipal government issued the “Measures for the Protection of the Rights and Interests of Medical and Health Personnel in Shanghai” (hereinafter the “Measures”). This is the first regulation of the provincial government of the country that specifically regulates the protection of the rights and interests of medical and health personnel. Clarifies the rights of medical and health personnel to inform, make recommendations and hold harmless in response to emergencies such as infectious diseases. It also clarifies the rights of the receiving staff when it is sent.
Article 11 (Notification of Infectious Diseases and Exemption from Liability) of Chapter II Labor rights and interests of the Measures establishes:
The medical and health institutions will designate departments or special personnel to carry out the reporting of epidemics of infectious diseases and other emergencies; After discovering infectious disease patients or suspicious patients, they will report information through the direct reporting system of the infectious disease network.
Medical and health personnel who discover new cases of infectious hazards have the right to report directly to health and health authorities and recommend that their medical and health institutions take high-level protective measures. Medical and health personnel who report an error in judgment will be exempt from legal responsibility according to the law.
Article 12 (Dispatch of personnel in case of emergency) of Chapter II of the “Methods” establishes:
In the event of natural disasters, epidemics of infectious diseases, sudden major accidents and other emergencies that seriously threaten the life and health of people, medical and health personnel must obey the dispatch of the municipal and district health authorities and institutions medical and health.
Municipal and district health and health authorities and medical and health institutions will comprehensively consider factors such as the physical and family conditions of medical and health personnel when sending medical and health personnel, and will not send female medical and health personnel during pregnancy, delivery or breastfeeding to participate.
Health and health departments and other medical and health institutions must truthfully explain the relevant situation to medical and health personnel, and clarify the special medical plan to deal with the incident and the method to prevent damage. If it is not clear, it will also explain it truthfully.
The Economic Observation Network noted that the “Measures” also clearly guarantee the mental health of medical and health personnel: “For medical and health personnel in specific positions or at specific periods and who experience special emergencies, health authorities and Municipal and district health workers will organize medical and health care personnel. The agency provides timely psychological counseling and assistance. “
On December 30, at a press conference to introduce the “Measures” in Shanghai, Luo Peixin, deputy director of the Shanghai Municipal Justice Bureau, Zhang Meixing, second-level inspector of the Shanghai Municipal Health Commission, Qiu Wenjin, deputy director of the Shanghai Development and Reform Commission, and Shanghai Shan Xuewei, deputy captain of the Public Security Corps of the Public Security Bureau, attended and answered questions together.
Since March this year, with the approval of the Shanghai Municipal Government, the Shanghai Municipal Justice Bureau has reportedly joined the Shanghai Municipal Health Commission, the Public Security Bureau, the Development and Reform Commission. , the Education Commission, the Office of Civil Affairs, the Office of Finance, the Office of Human Resources and Social Security, the Office of Health Insurance and the Shanghai Lawyers Society. , East China University of Political Science and Law, Shanghai University of Political Science and Law, Shanghai University of International Studies Law School, Legal Code Study Group, etc., formed special classes to promote the legislation of the Measures.
The “Measures” heard the opinions and suggestions of front-line medical and health personnel, medical and health institutions, the public, representatives of the People’s Congress, CPPCC members, relevant ministries and central commissions, departments relevant Shanghai and experts and academics. Many symposia, manuscript reading meetings, and demonstrations were held. At the meeting, several drafts were changed to form the “Measures (Draft)”.
In accordance with the legislative procedure, the “Measures (Draft)” were reviewed and approved in principle by the Shanghai Municipal Government Executive Meeting on November 30. The “Measures” were formally enacted on December 30 and will be implemented on March 1, 2021.
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