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Law of the People's Republic of China on Basic Medical Hygiene and Health Promotion(2)
Author:党群服务与组织管理  Addtime:2020-06-07

Article 24 The state develops maternal and child health care, establishes and improves the maternal and child health service system, provides health care for women and children, and prevention and treatment of common diseases, and guarantees the health of women and children.

The state takes measures to provide citizens with pre-marital health care, maternal health care and other services to promote reproductive health and prevent birth defects.

Article 25 The state develops health care for the elderly. The State Council and the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government shall include the health management of the elderly and the prevention of common diseases into basic public health services.

Article 26 The State develops the cause of disability prevention and rehabilitation of disabled persons, improves the system of prevention and rehabilitation of disabled persons and its security, and adopts measures to provide basic rehabilitation services for disabled persons.

People's governments at or above the county level shall give priority to the rehabilitation of disabled children and implement a combination of rehabilitation and education.

Article 27 The state establishes and improves the pre-hospital emergency system to provide timely, standardized, and effective first-aid services for critically ill patients.

The relevant health departments, the Red Cross and other relevant departments and organizations should actively carry out first-aid training, popularize first-aid knowledge, and encourage medical and health personnel and those trained in first-aid to actively participate in first-aid services in public places. Public places should be equipped with necessary first aid equipment and facilities in accordance with regulations.

The first aid center (station) shall not refuse or delay the provision of first aid services for critically ill patients on the grounds of non-payment.

Article 28 The state develops mental health undertakings, builds and improves the mental health service system, maintains and improves the mental health of citizens, and prevents and treats mental disorders.

The state takes measures to strengthen the mental health service system and talent team building, promote the effective connection of mental health education, psychological assessment, psychological counseling and psychotherapy services, establish a psychological assistance hotline for public welfare services, and strengthen minors and disabled people And mental health services for key populations such as the elderly.

Article 29 Basic medical services are mainly provided by medical and health institutions run by the government. Encourage social forces to provide basic medical services.

Article 30 The state promotes the implementation of a graded diagnosis and treatment system for basic medical services, guides non-emergency patients to first go to primary-level medical and health institutions, implements the system of first-call responsibility and referral audit responsibility, and gradually establishes first-level first-level consultation, two-way referral, and emergency Divide and conquer, up and down linkage mechanism, and link with the basic medical insurance system.

The local people's government at or above the county level integrates the medical and health resources organized by the government in the region according to the medical and health needs of the administrative region, and establishes a cooperative medical service cooperation mechanism such as a medical consortium according to local conditions. Encourage medical and health institutions organized by social forces to participate in the medical service cooperation mechanism.

Article 31 The state promotes the implementation of family doctor contracting services by primary-level medical and health institutions, establishing a family doctor service team, and signing agreements with residents to provide basic medical and health services based on the residents' health conditions and medical needs.

Article 32 Citizens receiving medical and health services shall have the right to informed consent in accordance with the law regarding medical conditions, diagnosis and treatment plans, medical risks, and medical expenses.

If operations, special examinations, and special treatments are required, the medical and health personnel should promptly explain to the patient the medical risks, alternative medical plans, etc., and obtain their consent; if it is impossible or inappropriate to explain to the patient, it should explain to the patient's close relatives, and Obtain its consent. If the law provides otherwise, the provisions shall be followed.

Carrying out clinical trials of drugs and medical devices and other medical research should abide by medical ethics, pass ethical review in accordance with law, and obtain informed consent.

Article 33 Citizens receiving medical and health services shall be respected. Medical and health institutions and medical and health personnel should care for and treat patients equally, respect the personal dignity of patients, and protect the privacy of patients.

Citizens accepting medical and health services shall abide by the diagnosis and treatment system and the order of medical and health services, and respect medical and health personnel.

Chapter III Medical and Health Institutions

Article 34 The State establishes and improves a medical and health service system consisting of grass-roots medical and health institutions, hospitals, and professional public health institutions that cover urban and rural areas, and have complementary functions and continuous coordination.

The state strengthens the construction of county-level hospitals, township health centers, village clinics, community health service centers (stations) and professional public health institutions, and establishes and improves rural medical and health service networks and urban community health service networks.

Article 35 Primary-level medical and health institutions mainly provide prevention, health care, health education, disease management, establish health records for residents, diagnosis and treatment of common diseases, frequently-occurring diseases, and rehabilitation and nursing of some diseases, receive referrals from hospitals, and send them to hospitals Referral to basic medical and health services such as patients who exceed their service capabilities.

The hospital mainly provides diagnosis and treatment of diseases, especially the diagnosis and treatment of acute, critical and difficult diseases, medical treatment and rescue of emergencies, and health education. It also carries out medical education, medical staff training, medical scientific research and basic health care. Institutional business guidance and other work.

Professional public health institutions mainly provide infectious diseases, chronic non-communicable diseases, occupational diseases, endemic diseases and other disease prevention and control and health education, maternal and child health care, mental health, pre-hospital emergency, blood collection and supply, food safety risk monitoring and evaluation, birth defect prevention and other public Health services.

Article 36 All types of medical and health institutions at various levels shall cooperate with each other to provide citizens with a full range of full-cycle medical and health services such as prevention, health care, treatment, nursing, rehabilitation, and tranquility care.

People's governments at all levels have taken measures to support medical and health institutions and pension institutions, child welfare institutions, and community organizations to establish collaborative mechanisms to provide safe and convenient medical and health services for the elderly and orphans and disabled children.

Article 37 The people's government at or above the county level shall formulate and implement a plan for the medical and health service system, scientifically allocate medical and health resources, and organize medical and health institutions to provide citizens with access to basic medical and health services.

When the government organizes medical and health institutions, it should consider the population, economic and social development status, medical and health resources, health risk factors, morbidity, prevalence rate, and emergency treatment needs of the administrative region.

Article 38 The establishment of a medical institution shall meet the following requirements and go through the examination and approval or filing procedures in accordance with relevant state regulations:

(1) Having a name, organization and place that meet the requirements;

(2) It has funds, facilities, equipment and medical and health personnel suitable for the business it conducts;

(3) There are corresponding rules and regulations;

(4) Being able to independently bear civil liability;

(5) Other conditions stipulated by laws and administrative regulations.

Medical institutions obtain a license to practice in accordance with law. It is forbidden to forge, alter, trade, rent, or lend a medical institution's license to practice.

The specific conditions and configuration of medical and health institutions at various levels and types should conform to the standards of medical and health institutions formulated by the State Council department in charge of health.

Article 39 The state exercises classified management of medical and health institutions.

The medical and health service system insists on taking non-profit medical and health institutions as the main body and supplementing for-profit medical and health institutions. The government organizes non-profit medical and health institutions to play a leading role in the basic medical and health undertakings to ensure that the basic medical and health services are fair and accessible.

Medical and health institutions organized or participated in with government funds or donated assets shall not be established as profit-making medical and health institutions.

Medical and health institutions may not rent out or contract medical departments. Non-profit medical and health institutions shall not distribute or distribute profits to investors or sponsors in disguised form.

Article 40 The medical and health institutions organized by the government shall adhere to the nature of public welfare, all revenues and expenditures shall be included in budget management, and shall be reasonably set and controlled in accordance with the plan of the medical and health service system.

The state encourages medical and health institutions organized by the government to cooperate with social forces to organize non-profit medical and health institutions.

Medical and health institutions organized by the government shall not invest in establishing medical and health institutions with non-independent legal person status with other organizations, and shall not cooperate with social capital to establish profit-making medical and health institutions.

Article 41 The State shall adopt various measures to encourage and guide social forces to establish medical and health institutions in accordance with law, and to support and regulate medical and health institutions organized by social forces and government-run medical and health institutions to carry out various types of medical business, discipline construction, Talent training and other cooperation.

Medical and health institutions organized by social forces have the same rights as government-run medical and health institutions in terms of basic medical insurance designation, key specialty construction, scientific research and teaching, grade evaluation, access to specific medical technologies, and evaluation of titles of medical and health personnel.

Social forces may choose to establish non-profit or profit-making medical and health institutions. Non-profit medical and health institutions organized by social forces enjoy the same taxation, financial subsidy, land use, water, electricity, gas, and heat policies as the government-run medical and health institutions in accordance with regulations, and are subject to supervision and management according to law.

Article 42 The state shall rationally plan and set up national medical centers and national and provincial regional medical centers on the basis of established medical and health institutions, diagnose and treat difficult and serious diseases, study and overcome major medical problems, and train high-level medical and health personnel.

Article 43 Medical and health institutions shall abide by laws, regulations and rules, establish and improve internal quality management and control systems, and be responsible for the quality of medical and health services.

Medical and health institutions shall, in accordance with clinical diagnosis and treatment guidelines, clinical technical operation specifications and industry standards, and medical ethics regulations, conduct reasonable inspections, medication, and diagnosis, strengthen medical and health safety risk prevention, optimize service processes, and continuously improve the quality of medical and health services.

Article 44 The State shall categorize and manage the clinical application of medical and health technologies, and implement strict management of medical and health technologies that are technically difficult, have high medical risks, and require high service capabilities and professional skills of personnel.

Medical and health institutions should carry out clinical applications of medical and health technologies in accordance with their functional tasks, follow the principles of science, safety, standardization, effectiveness, and economy, and comply with ethics.

Article 45 The state shall establish a modern hospital management system with clear powers and responsibilities, scientific management, perfect governance, efficient operation and strong supervision.

Hospitals should formulate regulations, establish and improve corporate governance structures, and improve medical and health service capabilities and operational efficiency.

Article 46 The practice place of a medical and health institution is a public place that provides medical and health services, and no organization or individual may disturb its order.

Article 47 The state improves the medical risk sharing mechanism, encourages medical institutions to participate in medical liability insurance or establish medical risk funds, and encourages patients to participate in medical accident insurance.

Article 48 The State encourages medical and health institutions to continuously improve prevention, health care, diagnosis, treatment, nursing and rehabilitation technologies, equipment and services, and supports the development of medical and health technologies suitable for grassroots and remote areas.

Article 49 The state promotes the health informationization of the whole people, promotes the application and development of big data and artificial intelligence in health care, accelerates the construction of medical and health information infrastructure, formulates technical standards for the collection, storage, analysis and application of health and medical data, and uses information Technology promotes the popularization and sharing of high-quality medical and health resources.

People's governments at or above the county level and their relevant departments should take measures to promote the application of information technology in the field of medical and health care and medical education, and support the exploration and development of new models and formats of medical and health services.

The state takes measures to promote medical and health institutions to establish and improve medical and health information exchange and information security systems, apply information technology to develop remote medical services, and build an online and offline integrated medical service model.

Article 50 When emergencies such as natural disasters, accident disasters, public health incidents and social security incidents that seriously threaten the lives and health of the people, medical and health institutions and medical and health personnel shall obey the dispatch of government departments and participate in health emergency treatment and Medical treatment. Participants who cause illness, disability and death shall be given relevant treatments such as work injury or compassionate, praise of martyrs in accordance with regulations.

Chapter IV Medical and Health Staff

Article 51 Medical and health personnel shall carry forward the noble professional spirit of respecting life, saving lives and wounds, willing to dedicate, and love without borders, abide by industry norms, abide by medical ethics, and strive to improve professional standards and service quality.

Medical and health industry organizations, medical and health institutions, and medical schools should strengthen the education of medical ethics among medical and health personnel.

Article 52 The state formulates medical and health personnel training plans, establishes medical and health personnel training mechanisms and supply-demand balance mechanisms that meet industry characteristics and social needs, improves medical college education, post-graduate education and continuing education systems, establishes and improves resident physicians, Specialized physicians standardize the training system, and establish a medical team with appropriate scale, reasonable structure and balanced distribution.

The state strengthens the training and use of general practitioners. General practitioners mainly provide diagnosis and treatment of common diseases and frequently-occurring diseases, prevention, health care, rehabilitation, and management of chronic diseases and health management.

Article 53 The State implements a practice registration system for doctors, nurses and other medical and health personnel according to law. Medical and health personnel shall obtain corresponding professional qualifications according to law.

Article 54 Medical and health personnel shall abide by the laws of medical science, abide by the relevant clinical diagnosis and treatment technical norms and various operating norms and medical ethics norms, use appropriate technologies and medicines, reasonably diagnose and treat, treat diseases due to illness, and shall not over-medicate patients. .

Medical and health personnel shall not use their position to ask for, illegally accept property or seek other illegitimate benefits.

Article 55 The state establishes and improves personnel, salary, and reward systems that conform to the characteristics of the medical and health industry, reflecting the occupational characteristics and technical labor value of medical and health personnel.

For medical and health personnel engaged in the prevention and treatment of infectious diseases, radiology and mental health, and other special positions, appropriate allowances shall be granted in accordance with the provisions of the state. The allowance standard should be adjusted regularly.

Article 56 The state establishes a system for medical and health personnel to regularly engage in medical and health work at the grass-roots level and in hard-to-reach remote areas.

The state has adopted measures such as targeted free training, counterpart support, and retirement and re-employment to strengthen the construction of medical and health teams at the grass-roots and hard-to-reach areas.

A medical practitioner who has been promoted to a deputy senior technical title shall have accumulated more than one year of experience in providing medical and health services at a medical or health institution below the county level or supported by a counterpart.

For medical and health personnel working in grass-roots and hard-to-reach remote areas, preferential treatment will be implemented in terms of salary allowances, job title evaluation, career development, education and training, and commendation rewards.

The state strengthens the construction of rural medical and health teams, establishes a county-to-village career development mechanism, and improves the multi-channel subsidy mechanism and pension policy for rural medical and health personnel.

Article 57 The whole society shall care for and respect medical and health personnel, maintain a good and safe medical and health service order, and jointly build a harmonious relationship between doctors and patients.

The personal safety and personal dignity of medical and health personnel shall not be violated, and their legitimate rights and interests shall be protected by law. It is forbidden for any organization or individual to threaten or endanger the personal safety of medical and health personnel, and violate the personal dignity of medical and health personnel.

The state takes measures to protect the medical and health personnel's practice environment.