Law of the People's Republic of China on Basic Medical Hygiene and Health Promotion
(Adopted at the 15th meeting of the Standing Committee of the 13th National People's Congress on December 28, 2019)
Presidential Decree of the People's Republic of China
38th
The Law of the People’s Republic of China on Basic Medical Hygiene and Health Promotion has been adopted by the 15th meeting of the Standing Committee of the Thirteenth National People’s Congress of the People’s Republic of China on December 28, 2019 and is hereby promulgated since June 2020 Effective from 1st.
President of the People's Republic of China Xi Jinping
December 28, 2019
table of Contents
Chapter 1 General
Chapter 2 Basic Medical and Health Services
Chapter III Medical and Health Institutions
Chapter IV Medical and Health Staff
Chapter V Drug Supply Guarantee
Chapter VI Health Promotion
Chapter VII Capital Guarantee
Chapter VIII Supervision and Management
Chapter IX Legal Liability
Chapter X Supplementary Provisions
Chapter 1 General
Article 1 This Law is formulated in accordance with the Constitution in order to develop medical and health and health undertakings, guarantee citizens’ access to basic medical and health services, improve citizens’ health, and promote the building of a healthy China.
Article 2 This Law shall be applicable to medical and health care, health promotion and supervision and management activities.
Article 3 The medical and health and health undertakings shall insist on taking the people as the center and serving the people's health.
Medical and health undertakings should adhere to the principle of public welfare.
Article 4 The state and society respect and protect citizens' right to health.
The state implements the Healthy China strategy, popularizes healthy life, optimizes health services, improves health security, builds a healthy environment, develops health industries, and improves the health of citizens throughout their life cycle.
The state establishes a health education system to guarantee citizens’ right to health education and improve citizens’ health literacy.
Article 5 Citizens have the right to obtain basic medical and health services from the state and society according to law.
The state establishes a basic medical and health system, establishes and improves a medical and health service system, and protects and realizes citizens’ right to basic medical and health services.
Article 6 People's governments at all levels should put people's health at the strategic position of giving priority to development, integrate the concept of health into various policies, adhere to prevention, improve the health promotion work system, organize the implementation of health promotion plans and actions, and promote national fitness To establish a health impact assessment system and incorporate the improvement of citizens’ main health indicators into the government’s target responsibility assessment.
The whole society should be concerned about and support the development of medical and health services.
Article 7 The State Council and local people's governments at various levels lead the medical and health promotion work.
The competent health department of the State Council is responsible for coordinating and coordinating the national health care and health promotion work. Other relevant departments of the State Council are responsible for relevant medical and health and health promotion work within their respective responsibilities.
The competent health departments of local people's governments at or above the county level are responsible for coordinating and coordinating the medical and health promotion work in their administrative regions. Other relevant departments of the local people's government at or above the county level are responsible for relevant medical and health promotion activities within their respective responsibilities.
Article 8 The State strengthens medical basic scientific research, encourages innovation in medical science and technology, supports the development of clinical medicine, promotes the transformation and application of medical science and technology achievements, promotes the integrated development of medical and information technology, promotes suitable medical and health technologies, and improves the quality of medical and health services .
The state develops medical education, improves the medical education system that meets the needs of the development of medical and health undertakings, and vigorously cultivates medical and health personnel.
Article 9 The state vigorously develops the cause of traditional Chinese medicine, insists on the equal emphasis on traditional and western medicine, the combination of inheritance and innovation, and exerts the unique role of traditional Chinese medicine in medical and health care.
Article 10 The state rationally plans and allocates medical and health resources, focusing on the grassroots level, and adopts a variety of measures to give priority to supporting the development of medical and health institutions below the county level and improving their medical and health service capabilities.
Article 11 The State shall increase financial investment in medical and health care and health undertakings, and focus on supporting the development of medical and health care and health undertakings in old revolutionary base areas, ethnic areas, border areas and economically underdeveloped areas by increasing transfer payments.
Article 12 The State encourages and supports citizens, legal persons, and other organizations to participate in medical and health care and health undertakings by organizing institutions according to law and donating and subsidizing, to meet the diverse, differentiated, and individualized health needs of citizens.
Citizens, legal persons and other organizations donating property for medical and health and health undertakings shall enjoy tax benefits according to law.
Article 13 Organizations and individuals who have made outstanding contributions in medical and health services shall be commended and rewarded in accordance with state regulations.
Article 14 The State encourages and supports foreign exchange and cooperation in the fields of medical care and health promotion.
To carry out medical and health promotion and foreign exchange and cooperation activities, we should abide by laws and regulations, and safeguard national sovereignty, security, and public interests.
Chapter 2 Basic Medical and Health Services
Article 15 Basic medical and health services refer to the prevention, diagnosis, treatment, and care of diseases that are necessary for the maintenance of human health, are compatible with the level of economic and social development, and are equitable to citizens, and are provided with suitable medicines, suitable technologies, and suitable equipment. And rehabilitation services.
Basic medical and health services include basic public health services and basic medical services. Basic public health services are provided free of charge by the state.
Article 16 The State shall take measures to ensure that citizens enjoy safe and effective basic public health services, control risk factors affecting health, and improve the level of disease prevention and control.
The national basic public health service project shall be jointly determined by the health department of the State Council in conjunction with the financial department of the State Council and the competent department of Chinese medicine.
The people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government may, on the basis of the national basic public health service projects, supplement and determine the basic public health service projects in their respective administrative regions, and report to the State Council’s competent health department for the record.
Article 17 The State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may include services for key areas, key diseases, and specific groups of people into basic public health services and organize their implementation.
Local people's governments at or above the county level carry out special prevention and control work for major diseases and major health risk factors in their administrative regions.
Article 18 The people's government at or above the county level provides basic public health services by organizing professional public health institutions, grassroots medical and health institutions and hospitals, or by purchasing services from other medical and health institutions.
Article 19 The state establishes and improves a health emergency response system for emergencies, formulates and improves emergency plans, organizes and conducts medical emergency treatment for emergencies, hygienic investigation and disposal, apsychological assistance to effectively control and eliminate hazards.
Article 20 The state establishes an infectious disease prevention and control system, formulates and implements infectious disease prevention and control plans, strengthens infectious disease monitoring and early warning, insists on prevention first, combines prevention with prevention, joint prevention and joint control, group prevention and group control, source prevention and control, and comprehensive governance , Block transmission routes, protect susceptible people, and reduce the hazards of infectious diseases.
Any organization and individual shall accept and cooperate with medical and health institutions to carry out investigations, inspections, sample collection, isolation treatment, medical observation and other measures taken by law to prevent, control, and eliminate the hazards of infectious diseases.
Article 21 The state implements a vaccination system to strengthen immunization planning. Residents have the right and obligation to vaccinate against immunization plans according to law. The government provides free immunization program vaccines to residents.
Article 22 The state establishes a chronic non-communicable disease prevention and control system, carries out monitoring, investigation and comprehensive prevention and control interventions on chronic non-communicable diseases and their risk factors, and promptly finds high-risk groups for patients and high-risk groups Provide services such as diagnosis and treatment, early intervention, follow-up management and health education.
Article 23 The State strengthens occupational health protection. The people's governments at or above the county level shall formulate plans for the prevention and treatment of occupational diseases, establish and improve occupational health work mechanisms, strengthen occupational health supervision and management, and improve the comprehensive prevention and control capabilities and levels of occupational diseases.
The employing unit shall control the occupational hazards, adopt comprehensive treatment measures such as engineering technology, personal protection and health management to improve the working environment and working conditions.