The letter of authentication of medical accidents shall include the following major elements:

　　(1) basic information about demands of the parties concerned;

　　(2) the materials submitted by the parties concerned and the investigation materials provided by the society of medical sciences that is responsible for organizing the technical authentication;

　　(3) a description of the authentication process;

　　(4) whether the medical treatment act has violated any of the laws, regulations, ministerial rules concerning medical treatment and health or any of the standards or conventions of medical treatment and nursing;

　　(5) whether there is a causal relationship between the negligent medical act and the consequence of personal injury;

　　(6) the seriousness of the negligent medical act in the injury of medical accident;

　　(7) the grade of the medical accident;

　　(8) medical suggestions on the medical treatment and nursing to the patient involved in the medical dispute.

　　Article 32 The measures for the technical authentication of medical accidents shall be formulated by the administrative department under the State Council in charge of health.

　　Article 33 Any of the following circumstances shall not be deemed as a medical accident:

　　(1) unfavorable consequences resulting from emergent medical measures taken under dangerous circumstances for rescuing the life of the patient;

　　(2) medical emergencies resulting in the process of medical treatment from the unusual state of illness or the special physique of the patient;

　　(3) unfavorable consequences that cannot be predicted or prevented under the existing technical and medical conditions;

　　(4) unfavorable consequences caused by infections resulting from faultless blood transfusions;

　　(5) unfavorable consequences caused by the delay of the patient in medical treatment;

　　(6) unfavorable consequences caused by force majeure;

　　Article 34 Fees may be charged for technical authentications of medical accidents. If the authentication proves that the a medical accident has occurred, the expenses of authentication shall be paid by the medical institution concerned; if the authentication proves that no medical accident has occurred, the authentication expenses shall be paid by the party that applies for settling the medical accident. The rates of authentication expenses to be charged shall be formulated by the department of the people’s government of the provinces, autonomous regions and municipalities directly under the Central Government in charge of price affairs in collaboration with the financial department and administrative department of health on the same level.

　　Chapter IV Administrative Punishment and Supervision of Medical Accidents

　　Article 35 The administrative department of health shall give administrative punishments to the medical institutions and staff members thereof that have caused medical accidents in accordance with the present Regulation and other relevant laws, regulations or ministerial rules.

　　Article 36 The administrative department of health shall, after receiving a report of serious negligent medical act, not only order the medical institution concerned to take necessary measures of medical treatment so as to prevent the deterioration of the injury, but also arrange for investigations so as to decide whether a medical accident has really occurred. If it is impossible to decide whether the negligent act is a medical accident, it shall arrange for the societies of medical sciences that are responsible for making technical authentications to make authentications according to the relevant provisions of the present Regulation.

　　Article 37 Where any medical dispute arises and the parties concerned apply the administrative department of health for settlement, the application shall be filed in written form. The application shall clearly state the basic information about the applicants, relevant facts, specific demands and the reasons thereof, etc.

　　The parties concerned may apply to the administrative department of health for settling a medical dispute within one year after he has known or should have known that injury has been caused to his body.

　　Article 38 Where a medical dispute arises and an application is filed by the parties concerned to the administrative department of health for settlement, the application shall be accepted by the administrative department of health under the people’s government of the county where the medical institution is located. If the place where the medical institution is located is a municipality directly under the Central Government, the application shall be accepted by the administrative department of health of the district or county where the medical institution is located.

　　In any of the following circumstances, the administrative department of health of the people’s government of the county shall, within 7 days after receiving the report of the medical institution or the application of the parties concerned for settling medical disputes, transfer to the administrative department under the people’s government on the next higher level for settlement: