专科护士处方权正式实施背景下我国助产法律法规的现状调查与初探

Investigation and initial exploration on the current status of laws and regulations for midwives in China under the background of the formal implementation of prescription rights of specialist nurses

目的 探索在当前专科护士处方权正式实施背景下我国助产士相关立法现状及存在的问题。方法 通过文献回顾梳理我国助产立法现状及存在的问题,经专家预调查修改后形成问卷;采用问卷调查法,于2019年10月-2022年9月通过便利抽样的方法对助产相关人员进行调查,调查内容包括一般资料、助产法律的现状及立法需求、立法内容建议、助产士工作范畴、助产技术资格证书的准入现状、产科工作中医疗纠纷情况、助产士独立性服务中法律许可的领域共7大模块。结果 本研究共调查3 151名助产相关人员,有效回收问卷3 095份(98.22%)。69.11%认为当前助产士的监管体系应更加完善,71.28%认为现存法律制度对助产士的责任义务界定需要更明晰,76.93%认为产科急救是最易发生纠纷的助产工作服务领域。74.05%表示在近1年内发生过涉及赔偿或对簿公堂的助产医疗纠纷,有84.01%助产士认为现有的法律应时一步保护助产士的合法权益。超过60%的助产相关人员表示应该尽快颁布助产士法。结论 助产士从业中医疗纠纷发生风险较高,助产立法亟需且迫切,应在现有法律的基础上加快助产行业的法制化建设。

Objective To explore the current status and existing problems of midwifery legislation in Chinaunder the background of the formal implementation of the prescription right of specialist nurses.Methods Literature review was used to sort out the current situation and existing problems of midwifery legislation in China,anda questionnaire was modified through pre-investigation by experts.From October 2019 to September 2022,a questionnaire survey was conducted among midwifery related personnel by convenience sampling,and the questionnaire has 7modules,namely:General information,status of midwifery laws and legislative necessity,midwifery legislation contents,scope of work of midwife,status of access to midwifery technology qualification certificates,status of medical disputes in obstetric work,and independent service area of midwives permitted by the law.Results A total of 3,151 midwifery personnel were investigated in this study,and 3,095(98.22%)caseswere effectively recovered.69.11%of midwifery personnel believed that the current supervision system for midwives was not perfect,71.28%of thembelieved that the existing legal system was not clear enough to define the duties and responsibilities of midwives,and 76.93%of them believed that obstetric first aid was the most prone to disputes in the midwifery service area.74.05%of midwifery personnel said that there were disputes involving compensation or midwifery medical treatment in the public court in the past year,and there were 84.01%of them said that the existing laws could not fully protect their legitimate rights and interests.More than 60%of midwifery personnelsaid that the midwife law should be promulgated as soon as possible.Discussion The risk of medical disputes among midwives is relatively high,and midwifery legislation is urgently needed.The legal construction of the midwifery profession should be accelerated on the basis of existing laws.