Chapter V Drug Supply Guarantee

Article 58 The state improves the drug supply guarantee system and establishes a work coordination mechanism to ensure the safety, effectiveness and accessibility of drugs.

Article 59 The state implements the essential medicine system, selects an appropriate number of essential medicine varieties, andmeets the demand for basic medicine for disease prevention and treatment.

The State publishes the Essential Medicines List, and dynamically adjusts the Essential Medicines List according to the clinical application of medicines, changes in medicine standards, and new listings of medicines.

Essential medicines are included in the list of medicines for basic medical insurance according to regulations.

The state improves the supply capacity of essential medicines, strengthens the quality supervision of essential medicines, and ensures the fair access and rational use of essential medicines.

Article 60 The state establishes and improves the clinical needs-oriented drug review and approval system to support the development and production of clinically-needed drugs, children's drugs and the prevention and treatment of rare diseases and major diseases to meet the needs of disease prevention and treatment.

Article 61 The state establishes and improves the traceability system for the entire process of drug development, production, circulation, and use, strengthens drug management, and guarantees the quality of drugs.

Article 62 The state establishes and improves the drug price monitoring system, carries out cost price investigations, strengthens drug price supervision and inspection, investigates and punishes illegal acts such as price monopoly, price fraud, and unfair competition according to law, and maintains the drug price order.

The state strengthens the management and guidance of drug classification procurement. Bidders participating in bidding for pharmaceutical purchases shall not bid for bids below cost, and shall not bid for bids by fraud, collusive bidding, or abuse of market dominance.

Article 63 The State establishes two levels of central and local medical reserves to protect emergency needs such as major disasters, epidemics, and other emergencies.

Article 64 The state establishes and improves the monitoring system for drug supply and demand, collects and summarizes the drug supply and demand information in a timely manner, and regularly announces the production, distribution, and use of drugs.

Article 65 The State strengthens the management of medical devices, improves the standards and specifications of medical devices, and improves the safety and effective level of medical devices.

The competent health department of the State Council and the competent health department of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government should formulate large-scale medical equipment configuration plans based on the advancement, suitability and accessibility of the technology to promote the rational allocation and full sharing of medical equipment in the region.

Article 66 The State strengthens the protection and development of traditional Chinese medicine, fully reflects the characteristics and advantages of traditional Chinese medicine, and exerts its role in prevention, health care, medical treatment, and rehabilitation.

Chapter VI Health Promotion

Article 67 The people's governments at all levels shall strengthen health education and the cultivation of professional talents, establish a health information and skills core information release system, popularize health science knowledge, and provide scientific and accurate health information to the public.

Institutions such as health care, education, sports, and publicity, grassroots mass autonomous organizations and social organizations should carry out publicity and popularization of health knowledge. Medical and health personnel should provide health education to patients when providing medical and health services. The news media should carry out public welfare publicity on health knowledge. The promotion of health knowledge should be scientific and accurate.

Article 68 The state incorporates health education into the national education system. Schools should use various forms to implement health education, popularize health knowledge, scientific fitness knowledge, first-aid knowledge and skills, raise students’ awareness of proactive disease prevention, cultivate students’ good hygiene habits and healthy behavior habits, and reduce and improve students’ myopia and obesity And other bad health conditions.

Schools should set up physical education and health courses in accordance with regulations, and organize students to carry out activities such as radio gymnastics, eye exercises, and physical fitness exercises.

The school is equipped with school doctors in accordance with regulations, and establishes and improves health rooms and health rooms.

The competent education department of the people's government at or above the county level shall incorporate the student's physical fitness level into the school assessment system in accordance with regulations.

Article 69 Citizens are the first person responsible for their own health, establish and practice the concept of health management responsible for their own health, take the initiative to learn health knowledge, improve health literacy, and strengthen health management. Promote family members to care for each other and form a healthy lifestyle that matches their own and family characteristics.

Citizens should respect the health rights and interests of others, and must not damage the health of others and the public interest.

Article 70 The state organizes surveys and statistics on the health status of residents, carries out physical fitness monitoring, evaluates health performance, and formulates and improves health-related laws, regulations, policies, and plans based on the evaluation results.

Article 71 The state establishes a system for monitoring, investigating, and risk assessing disease and health risk factors. The people's government at or above the county level and relevant departments shall organize research on health risk factors and formulate comprehensive prevention and treatment measures for the main problems affecting health.

The state strengthens the prevention and management of environmental problems that affect health, organizes and conducts research on the impact of environmental quality on health, and takes measures to prevent and control diseases related to environmental problems.

Article 72 The State vigorously launches patriotic health campaigns, encourages and supports mass health and wellness activities such as Patriotic Health Month, and relies on and mobilizes the masses to control and eliminate health risk factors, improve environmental sanitation, and build healthy cities, healthy villages, Healthy community.

Article 73 The state shall establish a scientific and strict food and drinking water safety supervision and management system to improve the safety level.

Article 74 The state establishes a nutritional status monitoring system, implements nutritional intervention plans for economically underdeveloped regions and key populations, carries out nutritional improvement actions for minors and the elderly, advocates healthy eating habits, and reduces the risk of diseases caused by unhealthy diets.

Article 75 The state develops the national fitness business, improves the public fitness service system covering urban and rural areas, strengthens the construction of public sports facilities, organizes and supports national fitness activities, strengthens national fitness guidance services, and popularizes scientific fitness knowledge and methods.

The State encourages units and facilities to be open to the public.

Article 76 The State formulates and implements health work plans for minors, women, the elderly, and the disabled, and strengthens health services for key populations.

The state promotes long-term care security and encourages the development of long-term care insurance.

Article 77 The state improves the sanitation management system in public places. The health and other competent departments of the people's government at or above the county level shall strengthen the supervision of public places. Information on public health supervision shall be disclosed to the public according to law.

Business units in public places shall establish a sound and strictly implement the sanitation management system to ensure that their business activities continue to meet the state’s sanitation requirements for public places.

Article 78 The State shall take measures to reduce the harm of smoking to citizens’ health.

Control smoking in public places and strengthen supervision and law enforcement.

Tobacco product packaging should be printed with warnings explaining the dangers of smoking.

It is forbidden to sell tobacco and alcohol to minors.

Article 79 The employing unit shall create an environment and conditions conducive to health for employees, strictly implement relevant regulations on labor safety and hygiene, and actively organize employees to carry out fitness activities to protect the health of employees.

The state encourages employers to carry out employee health guidance.

The state encourages employers to carry out regular health checks for employees. Where laws and regulations have provisions on health examinations, follow their provisions.

Chapter VII Capital Guarantee

Article 80 People's governments at all levels shall earnestly perform their responsibilities for the development of medical and health and health undertakings, establish an investment mechanism for medical and health and health undertakings that is compatible with economic and social development, financial status and health indicators, and include medical and health and health promotion funds into The government budget at this level is mainly used to guarantee the construction and operation of basic medical services, public health services, basic medical security and government-run medical and health institutions in accordance with regulations.

Article 81 The people's governments at or above the county level shall strengthen the supervision and management of funds through budgets, audits, supervision of law enforcement, and social supervision.

Article 82 The basic medical service fees are mainly paid by the basic medical insurance fund and individuals. The state raises basic medical insurance funds through multiple channels in accordance with the law, and gradually improves the mechanism for basic medical insurance sustainable financing and the adjustment of guarantee levels.

Citizens have the right and obligation to participate in basic medical insurance according to law. Employers and employees pay basic medical insurance premiums for employees in accordance with state regulations. Urban and rural residents pay basic medical insurance premiums for urban and rural residents in accordance with regulations.

Article 83 The state establishes a multi-level medical security system with basic medical insurance as the main body, supplemented by commercial health insurance, medical assistance, mutual medical assistance for employees, and medical charity services.

The state encourages the development of commercial health insurance to meet the diverse health security needs of the people.

The state improves the medical assistance system to ensure that qualified people in difficulty receive basic medical services.

Article 84 The state establishes and improves the consultation and negotiation mechanism between basic medical insurance agencies and designated medical and health institutions, scientifically and rationally determines the payment standards and payment methods of basic medical insurance funds, guides medical and health institutions to make reasonable diagnosis and treatment, and promotes Flow in an orderly manner to improve the effectiveness of basic medical insurance funds.

Article 85 The payment scope of the basic medical insurance fund shall be organized and formulated by the competent medical security department of the State Council, and it shall listen to the opinions of the competent health and administrative department of the State Council, the competent department of traditional Chinese medicine, the drug regulatory department, and the financial department.

The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may, in accordance with relevant national regulations, supplement and determine the specific items and standards for the payment of basic medical insurance funds in their respective administrative regions, and report to the competent medical security department of the State Council for the record.

The State Council's competent medical security department shall conduct evidence-based medicine and economic evaluation of the basic medical insurance drug catalogs, diagnosis and treatment items, and medical service facility standards included in the scope of payment, and shall listen to the State Council's competent health department, Chinese medicine competent department, and medicines. Supervision and management departments, financial departments and other relevant opinions. The evaluation result shall be used as the basis for adjusting the payment scope of the basic medical insurance fund.

Chapter VIII Supervision and Management

Article 86 The state establishes and improves a comprehensive medical and health supervision and management system that combines institutional autonomy, industry self-discipline, government supervision, and social supervision.

The health authorities of the people's governments at or above the county level shall implement localization and whole-industry supervision and management of the medical and health industries.

Article 87 The competent medical security department of the people's government at or above the county level shall improve the medical security supervision capacity and level, strengthen the supervision and management of the medical service behaviors and medical expenses included in the payment scope of the basic medical insurance fund, and ensure the rational use of the basic medical insurance fund. Safe and controllable.

Article 88 The people's government at or above the county level shall organize the health and health, medical security, drug supervision and management, development and reform, finance and other departments to establish a communication and consultation mechanism, strengthen system linkage and work coordination, and improve the efficiency and guarantee level of medical and health resources.

Article 89 The people's government at or above the county level shall regularly report to the people's congress at the corresponding level or its standing committee on basic medical and health and health promotion work, and shall be subject to supervision according to law.

Article 90 If the relevant department of the people's government at or above the county level fails to perform the duties related to medical and health promotion, the people's government at the corresponding level or the relevant department of the people's government at the higher level shall conduct an interview with its principal.

If the local people's government fails to perform the duties related to medical care and health promotion, the people's government at the higher level shall conduct an interview with its main person in charge.

The department interviewed and the local people's government shall immediately take measures to carry out rectification.

The interviews and rectifications should be included in the work evaluation and assessment records of relevant departments and local people's governments.

Article 91 The competent health department of the local people's government at or above the county level shall establish a performance evaluation system for medical and health institutions, and organize assessments of the service quality, medical technology, use of medicines and medical equipment of medical and health institutions. The evaluation should involve industry organizations and the public. The evaluation results shall be disclosed to the society in an appropriate manner as an important basis for evaluating medical and health institutions and health supervision.

Article 92 The state protects citizens’ personal health information and ensures the safety of citizens’ personal health information. No organization or individual may illegally collect, use, process or transmit personal health information of citizens, and may not illegally buy, sell, provide or disclose personal health information of citizens.

Article 93 The competent health departments and medical security departments of people's governments at or above the county level shall establish a credit record system for medical and health institutions, personnel, etc., and incorporate them into the national credit information sharing platform, and implement joint punishment in accordance with state regulations.

Article 94 The competent health authorities of local people's governments at or above the county level and their entrusted health supervision agencies shall carry out administrative law enforcement work such as medical and sanitation in their respective administrative regions.

Article 95 The competent health department of the people's government at or above the county level shall actively cultivate medical and health industry organizations, give full play to their role in medical and health promotion, and support their participation in industry management norms, technical standard formulation and medical and health evaluation, Evaluation, review and other work.

Article 96 The State establishes a mechanism for the prevention and handling of medical disputes, properly handles medical disputes, and maintains medical order.

Article 97 The State encourages citizens, legal persons and other organizations to conduct social supervision on medical and health promotion.

Any organization or individual has the right to complain and report to the competent health department of the people's government at or above the county level and other relevant departments for violations of this law.

Chapter IX Legal Liability

Article 98 In violation of the provisions of this Law, the local people’s government at various levels, the people’s government at or above the county level, the competent health authorities and other relevant departments who abuse their powers, neglect their duties, and engage in malpractices for personal gains shall be directly responsible to the person in charge and other direct responsibilities. The personnel shall be punished according to law.

Article 99 Anyone who violates the provisions of this Law and practises without obtaining a medical institution's license for practice shall be ordered by the health department of the people's government at or above the county level to stop practicing, confiscate illegal income and drugs and medical devices, and impose illegal income. If the fine is more than 20 times and less than 20 times, and the illegal income is less than 10,000 yuan, it shall be calculated as 10,000 yuan.

Anyone who forges, alters, buys, sells, leases or lends a medical institution’s license in violation of the provisions of this law shall be ordered by the health department of the people’s government at or above the county level to correct, confiscate the illegal income, and impose five to fifteen times the illegal income If the illegal income is less than 10,000 yuan, it shall be calculated as 10,000 yuan; if the circumstances are serious, the medical institution’s license shall be revoked.

Article 100 Anyone who violates the provisions of this law and commits one of the following acts shall be ordered to make corrections by the competent health department of the people's government at or above the county level, confiscate the illegal income, and impose a fine of not less than two times but not more than ten times the illegal income. If it is 10,000 yuan, it shall be calculated as 10,000 yuan; the directly responsible person in charge and other directly responsible personnel shall be punished according to law:

(1) The medical and health institutions organized by the government and other organizations invest in the establishment of non-independent legal person medical and health institutions;

(2) Medical and health institutions rent out and contract medical departments;

(3) Non-profit medical and health institutions distribute or distribute profits to investors and sponsors in disguised form.

Article 101 In violation of the provisions of this Law, the medical information security system and guarantee measures of medical and health institutions are not perfect, resulting in the leakage of medical information, or the medical quality management and medical technology management system and security measures are not perfect. The above-mentioned people's government health and other competent departments order corrections, give warnings, and impose a fine of more than 10,000 yuan but less than 50,000 yuan; if the circumstances are serious, they may be ordered to stop the corresponding practice activities, and the directly responsible supervisors and other directly responsible personnel shall be legally Investigate legal responsibility.

Article 102 In violation of the provisions of this Law, medical and health personnel who commit one of the following acts shall be administered by the competent health department of the people's government at or above the county level in accordance with the relevant licensed physicians and nurses.