When the physical examination and voluntary - check hepatitis B - little three male genital - little the intersection of partner and job hunting fail
Can investigate the legal liability of the hospital from July 1 Xinhua the intersection of Journalism Website and news " Ministry of Public Health issue notice, demand, enter school, obtain employment physical examination can't consult and then hepatitis B, it if you can't think originally finally, wish want spring in I,however, it can only unexpected by I ' voluntary '. " Not long ago, Xiao Chen of person who carries virus of hepatitis B (assumed name) Succeed behind the interview getting one medical organization accept enter the intersection of duty and physical examination, get physical examination behind the table, Xiao Chen's heart crashes into the bottom of valley, has already been let the hepatitis B project stopped be measured still within the range of physical examination, the only different one is, the person who requires physical examination of physical examination organization signs, show that accepts voluntarily. Though Ministry of Public Health ask park the intersection of hepatitis B and event to find for some time already, the reporter interviews to find, many medical organizations can still check in Nanjing. The personage of law circle says, after " law of liability for tort " is implemented on July 1, the hospital may be investigated and affixed legal liability. Readers reflect: " the quilt is voluntary " in the physical examination Check hepatitis B " three little male genital " These three words, once unusually strange for Xiao Chen, however, after graduating from university and finding the first job, Xiao Chen is while entering physical examination of the duty but because three little male genital have been refused. "Did not know what disease three little male genital were on earth, but the employing unit did not take at that time, certainly very serious, feel it should fall down. " Though the thing has been already in the past 5 years, has talked about the experience at that time, little Chen still remembered clearly. The search of surfing the Net " Three little male genital " Later, Xiao Chen just learnt, this was not serious disease, however, " three little male genital " But the crowd is suffering discrimination of the society, no matter work or marriage, will suffer inequitable treatment because of three little male genital. In order to find a job, Xiao Chen once with very high mind, had to lower the posture, it is not too regular and not needing the unit of physical examination to throw and recommend materials to specially choose that kind. At last, in one and dozens of people's little company, Xiao Chen has found work. "To tell the truth, the job that the present work does not accord with me is planned, however, oneself is inferior to others, have to condescend to take this post. " Deeply by Xiao Chen of bitterness that hepatitis B discriminate against, helpless bitter to smile: "Though the national relevant department has issued the policy during these years, have required the employing unit not to look into hepatitis B while entering physical examination of the duty, but not played a substantive role. Ancel hepatitis B to measure human resources and social security department, Ministry of Education, Ministry of Public Health jointly send the documents to the medical organization again and demand to cancel hepatitis B to measure, let me see the hope, thought Ministry of Public Health had all spoken, the hospital should not dare ' committed a crime against the wind '. " Hopeful Xiao Chen determines to take advantage of the east wind of Ministry of Public Health to look for an appropriate job again for oneself. Not long ago, Xiao Chen found the new job in an overseas-funded enterprise as what is desired. As usual, the company tells Xiao Chen to go to one physical examination organization in Nanjing to go on into the physical examination of the duty, however, Xiao Chen after getting the physical examination table is indebted to, hepatitis B two which he fears most is still within the range of physical examination half-and-half. But the intersection of physical examination and organization this, for escape responsibility, person of physical examination required signing shows at the physical examination table that accepts two detection half-and-half voluntarily. As to the method of the physical examination organization, Xiao Chen has queried, however, the staff members of organization of this physical examination say, that is required by a unit, they can't be unsatisfied with the unit requirement. " the quilt is voluntary " Hold by one silk idea of leaving things to chance to last physical examination Chen,however, wait until by not lasting noticing of foreign enterprise finally. According to Xiao Chen's reflection, reporters have investigated mechanism of this physical examination secretly on the grounds of wanting the physical examination in enterprises. The staff members of the reception show clearly, if the unit demands to check the hepatitis B project, they can check too, moreover, the person who will let physical examination signs and confirms agreeing. "If the intersection of hepatitis B and person who carries virus really, who like, sign! However, if will not sign differently and stick the label of ' the persons who carry ' for oneself? " Xiao Chen says feeling aggrieved. The current situation is investigated: Many medical organizations can all check however, a reporter finds while interviewing hepatitis B to enter the duty, the situation that Xiao Chen reflects is not a individual case. One in Nanjing is devoted to dispelling the social misunderstanding to hepatitis B, prejudice and organization of volunteer that discriminates against - --Sweet relevant persons in charge revealing tell reporters, this organization has carried on the investigation to nearly 10 medical organizations in Nanjing, found finally, several minority such as the large hospital,etc. pointed out " two was not checked half-and-half " clearly in only Southeast China University attached to, only check liver function " ,This is that it was required that Ministry of Public Health sends the documents. And the other most physical examination departments of medical organization or determining to check clearly, show if employing unit demand, check, check, if you want to check it is necessary for oneself and unit to discuss. "Whether check it is a unit that has the final say, the unit requires you to check, if you have not been checked or imprisoned, we are the hospital "The staff members of a medical organization say in this way. However, " sweet dew " even more Volunteer,last hepatitis B knowledge though they various route in society, let the masses understand daily life and work will not infect hepatitis B, however, in the investigation, unexpectedly some medical workers are still biased to the person who carries virus of hepatitis B. "Do to diet, kindergarten teacher, will not employ three little male genital possibly absolutely, the unit is afraid, collective livelihood cross infection you have a meal. " Nanjing is integrative to examine this statement of organization's staff members', makes the volunteer very startled. "Ordinary people do not know the infection route of hepatitis B too let it be, a medical personnel is so ignorant yet, really very much no it's time. " " sweet dew " A volunteer says frankly. The health bureau answers: Belong to violation, it is reported that it is sure to investigate and prosecute, March of this year, human resources and social security department, Ministry of Education, Ministry of Public Health jointly issue " notice on further standardizing entering school and physical examination project of obtaining employment and maintaining entering school and employment right of person who carries antigen of surface of hepatitis B ", measure clear regulation in standardizing the hepatitis B project. Article 1 points out in " notice ": The medical organization is accepting education department and employing unit,etc. trust, offer and enter school, obtain employment it when the physical examination serve, can't be to measured the hepatitis B project by the persons who examining; Liver functions of persons who are examined for needing to appraise, should check third amino acid amino transferase (ALT, abbreviated as transaminase) Project. Because job need, measure the intersection of hepatitis B and event enter school, obtain employment physical examination, really while being special, should be applied by the relevant industrial department, can measure after Ministry of Public Health check and approve. Violate the regulation and measure the hepatitis B project to the medical organization, deal with according to laws and regulations such as " operation medicine is imitated ", " management rule of medical organization " and " nurse's regulations ",etc.. As to this, Nanjing Municipal Health Bureau cure the intersection of policy and the intersection of and relevant person, say the health bureau has not only transmitted these file of Ministry of Public Health to all hospital, have still attached to this office website, and tell many times too the medical organization can't check hepatitis B in violation of rules and regulations, if really a medical organization does so, it is certain to investigate and prosecute. Insider: Money make then, why does Ministry of Public Health has express provisions, hygiene main facts It can not be to entering school, obtaining employment to in charge of department's repeating injunctions either? 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Lawyer: Will be investigated and affixed legal liability from July 1 As to some physical examinations person " The quilt is voluntary " Sign, receive the intersection of hepatitis B and the intersection of project and physical examination, law, hygiene of China, learn managing director, the intersection of Jiangsu and the intersection of hygiene and law learn Deputy Chairman, Professor of Chinese Medicine University management college Tian Kan say, because a lot of physical examinations person submit to the unit requirement and is signed, the word signed under such unvoluntary situation does not possess legal effect. And the reason why medical organization dares " Commit a crime against the wind " ,Professor Tian Kan analyses, the more important thing is to lack the clear legal consequence. "At the Ministry of Public Health one " the notice " punishment for violator according to " whether operation medicine imitate " and " the nurse regulations",etc., however, this behavior is not a personal behavior of the doctor or nurse, doctor, nurse just carry out the order of the hospital, it is obviously improper to punish the medical personnel with these two. In addition, Professor Tian Kan points out, from July 1, " law of liability for tort " will begin to implement soon, among them specially talk about individual privacy in medical tort, and hepatitis B measures the individual privacy that the result is exactly the physical examination, if the hospital reveals to the employing unit, the physical examination person has the right to investigate the responsibility of the hospital, the hospital should bear corresponding legal liability too. So, Professor Tian Kan says, wants to check the employing unit of staff's hepatitis B as to those, the hospital should communicate with the employing unit voluntarily, tell them the relevant regulation of the country, this can evade the legal liability of the hospital too. Author: Hua LinYue
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