Measures for Implementation of the Law of China on Maternal and Infant Health Care (2017 Version)

 2018-05-18  12


Measures for Implementation of the Law of China on Maternal and Infant Health Care


· Area of Law: Health and Sanitation

· Level of Authority: Administrative Regulations

· Date issued:11-17-2017

· Effective Date:11-17-2017

· Status: Effective

· Issuing Authority: State Council

 

Measures for Implementation of the Law of China on Maternal and Infant Health Care
(Issued by Order No. 308 of the State Council of the People's Republic of China on June 20, 2001, and amended in accordance with Decision of the State Council to Amend Certain Administrative Regulations, Order No. 690 of the State Council)
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the Law of the People's Republic of China on Maternal and Infant Health Care (hereinafter referred to as the Law on Maternal and Infant Health Care).
Article 2 The institutions engaging in maternal and infant health care services within the territory of the People's Republic of China and their staff shall observe the Law on Maternal and Infant Health Care and these Measures.
The family planning technical services performed by institutions engaging in family planning technical services are governed by the Regulations on Administration of Technical Services for Family Planning.
Article 3 The technical services for maternal and infant health care mainly include the following items:
(1) popular science dissemination, education and consultation of maternal and infant health care;
(2) pre-marital medical examination;
(3) prenatal diagnosis and genetic disease diagnosis;
(4) skills of midwifery;
(5) performance of birth control surgery according to medical needs;
(6) disease screening for newborn babies; and
(7) other reproductive health care services on childbearing, birth control and infertility.
Article 4 The citizens have the right to learn the truth of and to choose maternal and infant health care. The state guarantees citizens' right to have appropriate maternal and infant health care services.
Article 5 The maternal and infant health care shall focus on health care for the purpose of safeguarding reproductive health, and implement the policy of combining health care with clinic treatments, meeting the needs of various groups and the needs of citizens at the grass-roots level, and giving priority to prevention.
Article 6 The people's governments at various levels shall include maternal and infant health care into their plans for economic and social development, provide necessary economic, technical and material conditions for the development of maternal and infant health care, and give special support to the maternal and infant health care in areas inhabited by ethnic minorities and in poverty-stricken areas.
The people's governments at or above the county level may, in light of the particular conditions and needs of their respective localities, set up special fund for the development of maternal and infant health care undertaking.
Article 7 The administrative department of public health under the State Council shall be responsible for the work of maternal and infant health care throughout the country, and perform the following duties:
(1) to formulate supporting rules and technical norms for the Law on Maternal and Infant Health Care and these Measures;
(2) to formulate national development plan and implementing procedures for the maternal and infant health care on the principle of guiding the work in light of the particular conditions of different areas and different administrative levels;
(3) to organize the popularization of appropriate technologies for maternal and infant health care and other reproductive health services;
(4) to exercise supervision over the work of maternal and infant health care.
Article 8 The departments of public finance, public security, civil affairs, education, labor security and family planning of the people's governments at or above county level shall, within the scope of their respective functions, coordinate efforts with the administrative departments of public health at the same levels in the work of maternal and infant health care.
Chapter II Pre-marital Health Care
Article 9 The pre-marital health instructions as referred to in Article 7 of the Law on Maternal and Infant Health Care include the following items:
(1) health care and education on sexual hygiene;
(2) contraception and family planning instructions for newly-married couples;
(3) pre-conception health care knowledge such as preparation for pregnancy and the influence of environment and diseases on offspring;
(4) basic knowledge on genetic diseases;
(5) basic knowledge on diseases affecting the marriage and childbearing; and
(6) other knowledge on reproductive health.
The doctors shall, when conducting pre-marital health consultations, provide scientific information to their clients, give instructions on possible consequences and offer appropriate advice.
Article 10 In the regions operating a system of pre-marital medical examination, both the male and the female planning to get married shall, before marriage registration, undergo pre-marital medical examination in medical and health care institutions.
Article 11 The medical and health care institutions conducting pre-marital medical examinations are subject to the examination of the administrative departments of public health of the people's governments of the cities divided into districts where such institutions are located; those medical and health care institutions meeting the requirements shall be given a clear indication on the Practicing License of the Medical Institution.
Article 12 To apply for engaging in the pre-marital medical examination, a medical and health care institution shall meet the following requirements:
(1) having separate examination rooms for male and female, and fitted with equipment for routine and special examinations;
(2) having a room for pre-marital reproductive health publicity and education;
(3) being staffed with licensed doctors qualified for pre-marital medical examination for male and female.
Article 13 A pre-marital medical examination includes inquiry on medical history, physical examination and other relevant examinations.
The pre-marital medical examination shall conform to the work norms for pre-marital health care, and be conducted in accordance with the items of pre-marital medical examination. The work norms of pre-marital health care and the items of pre-marital medical examination shall be provided for by the administrative department of public health under the State Council.
Article 14 After a pre-marital medical examination, the medical and health care institution shall issue a pre-marital medical examination certificate to the persons who have undergone such examination.
The pre-marital medical examination certificate shall state whether the following diseases are detected:
(1) designated infectious diseases in the infectious period;
(2) relevant mental diseases in the morbid period;
(3) serious genetic diseases inappropriate for childbearing;
(4) other diseases that are medically considered inappropriate for marriage.
The doctors shall, upon detection of the diseases referred to in the Item (1), (2) or (3) of the preceding paragraph, explain the situation to the parties concerned, give advice on the prevention and treatment of such diseases, and propose corresponding medical measures. The parties concerned may, in accordance with the medical advice of doctors, postpone the marriage or voluntarily take long-acting contraceptive measures or undergo ligation operations; the medical and health care institution shall provide medical consultations and services for the treatment.
Article 15 Where a medical and health care institution, after pre-marital medical examination, fails to make a definite diagnosis, the case shall be transferred to a medical and health care institution designated by the administrative department of public health under the people's government at or above the level of city divided into districts for a definite diagnosis.
Article 16 In regions operating a system of pre-marital medical examination, the marriage registration organ shall, when handling marriage registration, examine the pre-marital medical examination certificate or the certificate of medical appraisement prescribed in Article 11 of the Law on Maternal and Infant Health Care.
Chapter III Health Care during the Pregnant and Perinatal Period
Article 17 The medical and health care institutions shall provide consultation and medical health care services on contraception, birth control, childbearing, infertility, and reproductive health to women in their childbearing age.
Where a doctor detects or suspects that a married couple in their childbearing age suffer from any serious genetic disease, the doctor shall give them a medical advice; where a doctor fails to make a definite diagnosis due to limited medical technology, the doctor shall explain the situation to the parties concerned. The married couples in their childbearing age may choose corresponding medical measures for contraception, birth control or willing non-pregnancy.
Article 18 The medical and health care institutions shall provide the following medical health care services for women in their pregnant and perinatal period:
(1) to make health-care booklet (card) and conduct regular prenatal physical examination for women in their pregnant and perinatal period;
(2) to provide medical instructions and consultation on hygiene, nutrition and psychology for women in their pregnant and perinatal period;
(3) to perform intensive management, follow-up visits and medical health-care services to high-risk pregnant women;
(4) to provide safe delivery technique services for women in their pregnant and perinatal period;
(5) to conduct regular post-partum visits and give instructions on the scientific way of baby-feeding;
(6) to provide consultation, instructions and technique services of contraception;
(7) to give education on reproductive health and the scientific way of rearing babies to post-partum women and their family members; and
(8) other health care services for women in their pregnancy and perinatal period;
Article 19 The medical and health care institutions shall, upon detecting that a pregnant woman contracts the following serious illnesses, or contacts with physically, chemically or biologically toxic or harmful substances which might jeopardize her life or seriously affect her health or the normal development of the fetus, give her medical instruction and conduct necessary medical examination for her:
(1) serious pregnancy complications;
(2) serious mental diseases;
(3) other diseases seriously affecting childbearing as set forth by the administrative department of public health under the State Council.
Article 20 The doctors shall make a prenatal diagnosis where a pregnant woman is under any of the following circumstances:
(1) polyhydramnios or an hydramnios;
(2) abnormal development of fetus or the fetus being suspected of malformation;
(3) contacting with a substance that might cause congenital defects in the early period of pregnancy;
(4) having family history of genetic diseases or history of giving birth to an infant with a serious congenital defect; or
(5) being a primipara at the age of 35 or above.
Article 21 The catalogues of the serious genetic diseases of fetus, the serious defects of fetus and the serious diseases of the pregnant women which might jeopardize the health of the pregnant woman as set forth by Article 18 of the Law on Maternal and Infant Health Care shall be compiled by the administrative department of public health under the State Council.
Article 22 Where a woman has given birth to an infant with a serious genetic disease or a serious defect, both the husband and wife shall, prior to the wife's second pregnancy, undergo medical examination in a medical and health care institution in accordance with the relevant provisions of the state. A medical and health care institution shall communicate knowledge on genetic diseases to the parties concerned and give them consultation and instructions. Where a person is diagnosed to have certain genetic disease medically considered inappropriate for childbearing, the doctor shall explain the situation to the parties concerned and give them medical advice.
Article 23 It is strictly prohibited to conduct gender identification of fetus by technical means.
Where a fetus is suspected of suffering from any sex-linked genetic disease, if it is necessary to conduct gender identification, such gender identification shall be made by a medical and health care institution designated by the administrative department of public health of the people's government of the province, autonomous region or municipality directly under the Central Government in accordance with the provisions of the administrative department of public health under the State Council.
Article 24 The state advocates delivery in hospital. Medical and health care institutions shall, in accordance with the standards of practice formulated by the health administrative department of the State Council, provide aseptic midwifery and resuscitation for newborn babies, prevent obstetric complications such as birth injury and postpartum hemorrhage, and reduce the morbidity and mortality rates of women during pregnancy or childbirth and fetuses and infants during the perinatal period.
Pregnant women who do not have access to delivery in hospital shall receive sterilized midwifery by trained and qualified midwives engaged in home delivery.
High-risk pregnant women shall be hospitalized for delivery in medical or health care institutions.
The health administrative departments of the people's governments at the county level shall strengthen the training, technical guidance, supervision, and administration of midwives engaged in home delivery.
Chapter IV Infant Health Care
Article 25 Medical and health care institutions shall, in accordance with the relevant provisions of the state, screen, diagnose, treat and monitor the congenital and genetic metabolic diseases of newborn babies.
Article 26 The medical and health care institutions shall, in accordance with the relevant provisions, visit newborn babies, make child health care booklets (card), conduct regular physical examination to newborn babies, give advice on disease prevention, appropriate diet, and stimulation of intelligence development, and provide medical and health care services for prevention and treatment of frequently-encountered diseases of infants.
Article 27 The medical and health care institutions shall, in accordance with specified procedures and items, give preventive inoculation to infants.
The guardians of an infant shall ensure that the infant receive on-time preventive inoculation.
Article 28 The state supports breastfeeding. The medical and health care institutions shall give technical guidance on breastfeeding and provide necessary conditions for the breastfeeding of post-partum women hospitalized for delivery.
Medical and health care institutions shall not promote or recommend breast milk substitutes to women in their pregnant and perinatal period or to families with infants.
Article 29 The advantages of breastfeeding shall be indicated at a prominent position on package labels of breast milk substitutes.
The manufacturers and sellers of breast milk substitutes shall not donate samples of their products to medical and health care institutions, or to conditionally provide equipment, funds or materials for the purpose of promoting the sale of their products.
Article 30 Women enjoy maternity leave as set forth by the state. Where an entity has a female employee with an infant under the age of one year old, it shall allocate a certain period of time from the working time for her to breast-feed the infant.
Chapter V Technical Appraisement
Article 31 The medical technical appraisement committees for maternal and infant health care are classified into three levels, i. e. province, city and county.
The members of a medical technical appraisement committee for maternal and infant health care shall meet the following conditions:
(1) The members of the medical technical appraisement committee for maternal and infant health care at the county level shall have the professional title of doctor-in-charge or above;
(2) The members of the medical technical appraisement committee for maternal and infant health care at the provincial level or at the level of the districted city shall have the professional title of associate chief doctor or above.
Article 32 Where the parties concerned have any doubts about the result of the pre-marital examination, genetic disease diagnosis or prenatal diagnosis, and if it is necessary to make further diagnosis precisely, the parties concerned may, within 15 days form the date of receiving the result of the examination or diagnosis, submit a written application for appraisement to the local medical technical appraisement committee for maternal and infant health care at the county level or at the level of districted city.
The medical technical appraisement committee for maternal and infant health care shall issue the medical technical appraisement opinions within 30 days from the date of receiving the application for appraisement and promptly notify the parties concerned.
The parties concerned who have doubts about the appraisement opinions may, within 15 days from the date of receiving the notice of such appraisement opinions, apply for a re-appraisement to the technical appraisement committee for maternal and infant health care at the next higher level.
Article 33 Where the medical technical appraisement committee for maternal and infant health care conducts a medical appraisement, no less than five members of the medical technical appraisement committee of related fields shall take part in the appraisement.
The members of the appraisement committee shall sign their names on the appraisement conclusion, in which their different opinions shall be recorded faithfully. The appraisement committee shall issue the appraisement opinions to the parties concerned in accordance with the appraisement conclusion.
The administrative measures for medical technical appraisement for maternal and infant health care shall be formulated by the administrative department of public health under the State Council.
Chapter VI Supervision and Administration
Article 34 The administrative departments of public health of the people's governments at or above the county level are responsible for the work of supervision and administration of the maternal and infant health care in their respective administrative areas and perform the following supervision and administration duties:
(1) to institute a licensing system to institutions and persons engaging in maternal and infant health care and to issue corresponding licenses in accordance with the Law on Maternal and Infant Health Care, these Measures, and the conditions and technical standards set forth by the administrative department of public health under the State Council;
(2) to supervise and inspect the implementation of the Law on Maternal and Infant Health Care and these Measures;
(3) to impose, according to law, administrative penalties on acts in violation of the Law on Maternal and Infant Health Care and these Measures; and
(4) other matters related with supervision and administration of maternal and infant health care.
Article 35 The medical and health care institutions and persons engaging in genetic disease diagnosis and prenatal diagnosis shall be licensed by the administrative department of public health of the people's government of the province, autonomous region, or municipality directly under the Central Government.
The medical and health care institutions and persons engaging in pre-marital medical examinations shall be licensed by the administrative department of public health of the people's government of the districted city.
Medical and health care institutions and persons engaging in midwifery services, ligation operations or operations for termination of gestation, shall be licensed by the administrative department of public health of the people's government at the county level and obtain the corresponding qualification certificates.
Article 36 The health supervision personnel shall show their identifications when performing their duties.
The health supervision personnel may inquire of medical and health care institutions, ask for necessary materials, supervise or inspect maternal and infant health care work. The medical and health care institutions shall not refuse or make concealment.
The health supervision personnel are responsible for maintaining confidential the technical materials provided by medical and health care institutions.
Article 37 The medical and health care institutions shall, in accordance with the profession they engage in, be staffed with appropriate personnel and equipped with appropriate medical instruments, provide professional training and professional moral education to personnel engaging in maternal and infant health care, and conduct regular inspections and examinations to the personnel engaging in maternal and infant health care.
Doctors and midwives (including midwives engaging in home delivery) shall strictly observe the relevant technical operational procedures, make various records carefully, and improve midwifery techniques and service quality.
The administration of midwives shall be implemented in accordance with the provisions of the administrative department of public health under the State Council.
Licensed doctors engaging in maternal and infant health care shall obtain the corresponding qualifications in accordance with the provisions of the Law on Maternal and Infant Health Care.
Article 38 The medical and health care institutions shall provide professional guidance for the health care of kindergartens in accordance with the provisions of the administrative department of public health under the State Council.
Article 39 The state institutes a monitoring and reporting system for maternal mortality, infant mortality and birth defects in newborn babies.
Chapter VII Penalty Provisions
Article 40 Any medical and health care institution or person, without a technique license for maternal and infant health care, conducts pre-marital medical examination, genetic disease diagnosis, prenatal diagnosis, operation for termination of gestation or medical technical appraisement, or issues relevant medical certifications, shall be given a warning, be ordered to stop the illegal act and be confiscated of the illegal income by the administrative department of public health. If the illegal income is not less than 5,000 yuan, a fine of not less than three times or not more than five times the illegal income shall be imposed concurrently. If there is no illegal income, or if the illegal income is less than 5,000 yuan, a fine of not less than 5,000 yuan or not more than 20,000 yuan shall be imposed concurrently.
Article 41 Any person engaging in maternal and infant health care technical services who issues fraudulent medical certification documents shall be given administrative sanction according to law. If he is under any of the following circumstance, his technical qualification certificate for practicing maternal and infant health care or doctor's practice certificate shall be revoked by the original departments which issued such certificates:
(1) causing serious consequence due to delay of diagnosis and treatment;
(2) causing serious consequence on the body or psychological health of the parties concerned; or
(3) causing other serious consequences.
Article 42 Those who, in violation of these Measures, conduct gender identification of fetus shall be given a warning and ordered to stop the illegal acts by the administrative departments of public health. The person directly in charge and other persons held directly liable for conducting such identifications in the medical and health institutions shall be imposed upon administrative sanctions. Those who conduct gender identification of fetus for two or more times, or those who conduct such identification for the purpose of making profits, their technical qualification certificate for practicing maternal and infant health care or doctor's practice certificates shall be revoked by the original departments which issued the certificates concurrently.
Chapter VIII Supplementary Provisions
Article 43 The format of the pre-marital medical examination certificates shall be specified by the administrative department of public health under the State Council.
Article 44 The medical and health care institutions, as referred to in the Law on Maternal and Infant Health Care and these Measures, refer to the medical organizations of various levels and various kinds that have obtained practice license from the administrative departments of public health in accordance with the Regulations on Administration of Medical Institutions.
Article 45 These Measures shall come into force as of the date of promulgation.