Systematic analysis on legal system of workplace violence prevention and control in Chinese medical institutions / 中国职业医学

ABSTRACT

OBJECTIVE: To systematically analyze the related laws and regulations on workplace violence in Chinese medical institutions and provide recommendations for making policy. METHODS: The legal databases of CNKI,Wanfang,Lawyee and Pkulaw were retrieved by keywords including workplace violence,medical violence,medical dispute,doctor-patient dispute or medical order. The laws and regulations,department measures,local laws and government regulations were collected and systematically analyzed. RESULTS: In China,there are eight laws,two administrative regulations,two department rules and 15 provincial local laws and regulations stipulating that the healthcare workers enjoy the right to be free from workplace violence and constitute the legal basis for the prevention of medical violence in the workplace. During 2009-2017,the National Health and Family Planning Commission joints with multi-sector authorities have issued 12 notices related to the maintenance of medical order,from three aspects of human defense,physical defense and technical defense to vigorously emphasize the punishment of violent crime against personal safety of healthcare workers. However,compared to the international community,there is still a gap between China's legislation on the prevention and control of violence in medical workplaces,and there is no coherence in the definition of violence against the workplace. There are no specific legal and technical standards,and the occupational hazards caused by mental violence have not yet been included in the scope of legal adjustment and the national occupational disease classification directory. CONCLUSION: Specific legislation on prevention and treatment of medical institutions workplace violence should be carried out by using effective measures. The establishment of standard system,the related research and international exchange should be strengthened.