Decree of the State Council of the People's Republic of China*** and the People's Republic of China
No. 308
Governor Zhu Rongji Article 1
In accordance with the Law of the People's Republic of China*** and the People's Republic of China on Maternal and Infant Health Care (hereinafter referred to as the Law on Maternal and Infant Health Care), the Measures are formulated herein.
Article 2
Institutions and their personnel engaging in mother and child health care service activities within the territory of the People's Republic of China*** and the People's Republic of China shall abide by the Maternal and Child Health Care Law and these Measures.
Institutions engaged in family planning technical services shall carry out family planning technical service activities in accordance with the provisions of the Regulations on the Administration of Family Planning Technical Services.
Article 3
Mother and child health care technical services mainly include the following matters:
(1) popularization of science, education and counseling on mother and child health care;
(2) pre-marital medical check-ups;
(3) pre-natal diagnosis and diagnosis of hereditary diseases;
(4) midwifery technology;
(5) implementation of medically needed birth control surgeries;
(vi) newborn disease screening;
(vii) other reproductive health care services related to fertility, birth control and sterility.
Article 4
Citizens enjoy the right to make informed choices regarding maternal and child health care. The State guarantees the right of citizens to receive appropriate maternal and child health care services.
Article 5
Mother and child health care is centered on health care, aims at safeguarding reproductive health, and implements the policy of combining health care and clinical care, oriented to the community and to the grassroots, and focusing on prevention.
Article 6
People's governments at all levels shall incorporate mother-and-child health care into the national economic and social development plans of their respective levels, provide the necessary economic, technical and material conditions for the development of mother-and-child health care, and give special support to the cause of mother-and-child health care in ethnic minority and impoverished areas.
Local people's governments at or above the county level may set up special funds for the development of maternal and infant health care in accordance with the actual situation and needs of the region.
Article 7
The health administrative department of the State Council shall be in charge of the national maternal and child health care work, and shall perform the following duties:
(1) to formulate the Maternal and Child Health Care Law and the accompanying rules and regulations as well as technical specifications of the Measures;
(2) to formulate the development plan for the national maternal and child health care work and the steps for its implementation in accordance with the principle of hierarchical and classified guidance;
(3) to organize and (c) To promote mother and child health care and other appropriate technologies for reproductive health;
(d) To supervise the work of mother and child health care.
Article 8
Departments of the people's governments at or above the county level, such as finance, public security, civil affairs, education, labor security, and family planning, shall, within their respective spheres of responsibility, cooperate with the administrative departments of health at the same level to do a good job of maternal and child health care. Article 9
Premarital health guidance, as referred to in Article 7 of the Maternal and Infant Health Law, includes the following matters:
(1) health care and education about sexual health;
(2) knowledge of contraception and guidance on family planning for new marriages;
(3) preconception health care knowledge such as preparations for conception and the effects of the environment and diseases on the offspring;
(4) basic knowledge of hereditary diseases;
(5) knowledge of the effects of hereditary diseases on the offspring; and basic knowledge;
(v) basic knowledge of relevant diseases affecting marriage and childbearing;
(vi) other knowledge of reproductive health.
When a physician conducts premarital health counseling, he or she shall provide the client with scientific information, guidance on possible consequences, and appropriate advice.
Article 10
In areas where premarital medical examination is practiced, men and women who intend to get married shall go to medical and health care institutions for premarital medical examination before registering their marriage.
Article 11
Medical and health care institutions engaged in premarital medical examinations shall be examined by the health administrative department of the people's government of the municipal district in which they are located; if they meet the conditions, they shall be noted on their License to Practice as a Medical Institution.
Article 12
Medical and health care institutions applying to engage in premarital medical examinations shall have the following conditions:
(1) set up separate dedicated premarital medical examination rooms for men and women, equipped with equipment for both routine and specialized examinations;
(2) set up a premarital reproductive health publicity and education room;
(3) have a qualified person who conducts the male and female premarital medical examination of licensed physicians.
Article 13
Premarital medical examination includes inquiring about medical history, physical and related examinations.
Premarital medical examination shall comply with the norms of premarital health care and in accordance with the premarital medical examination program. Premarital health care norms and premarital medical examination program by the State Council administrative department of health regulations.
Article 14
After the premarital medical examination, the medical and health care institutions shall issue a certificate of premarital medical examination to the parties who have undergone the premarital medical examination.
The certificate of premarital medical examination shall specify whether the following diseases are found:
(1) specified infectious diseases within the period of contagion;
(2) relevant mental illnesses within the period of morbidity;
(3) serious hereditary diseases unfit for childbearing;
(4) other diseases medically considered unfit for marriage.
When diseases in item (a), (b) or (c) of the preceding paragraph are found, the physician shall explain the situation to the parties concerned, and make suggestions for prevention and treatment as well as for the adoption of appropriate medical measures. On the basis of the physician's medical advice, the person concerned may defer marriage or voluntarily adopt long-acting contraceptive measures or ligation surgery; medical and health-care institutions shall provide medical advice and medical services for his or her treatment.
Article 15
If, after a premarital medical examination, the medical or health-care institution is unable to confirm the diagnosis, it shall be referred to the medical or health-care institution designated by the health administrative department of the people's government at or above the municipal level of the district in which the area is located to confirm the diagnosis.
Article 16
In areas where premarital medical examination is practiced, marriage registration authorities shall check the certificate of premarital medical examination or the certificate of medical appraisal as stipulated in Article 11 of the Law on Maternal and Infant Health Care when registering a marriage. Article 17
Medical and health-care institutions shall provide women of childbearing age with counseling and health-care services relating to contraception, birth control, fertility, sterility and reproductive health.
Medical practitioners who find or suspect that a couple of childbearing age is suffering from a serious hereditary disease shall offer a medical opinion; if it is difficult to confirm the diagnosis due to the limited level of existing medical technology, they shall explain the situation to the person concerned. Couples of childbearing age may choose contraception, birth control, infertility and other appropriate medical measures.
Article 18
Medical and health-care institutions shall provide the following health-care services for pregnant women and women in childbirth:
(1) establishing health-care handbooks (cards) for pregnant women and women in childbirth, and conducting prenatal checkups at regular intervals;
(2) providing pregnant women and women in childbirth with medical guidance and counseling in the areas of hygiene, nutrition, psychology, etc.
(3) focusing on monitoring, follow-up, and health-care services for pregnant women in high-risk situations. (c) Providing key monitoring, follow-up and healthcare services for high-risk pregnant women;
(d) Providing technical services for safe delivery;
(e) Conducting regular postnatal visits and guiding mothers to feed their babies in a scientific manner;
(f) Providing contraceptive counseling, guidance and technical services;
(g) Providing education for mothers and their family members on reproductive health and scientific knowledge of child-rearing;
(viii) other health care services during pregnancy and childbirth.
Article 19
Medical and health-care institutions that find pregnant women suffering from the following serious diseases or are exposed to physical, chemical, biological or other toxic or harmful factors that may endanger the life of the pregnant woman or that may seriously affect the health of the pregnant woman and the normal development of the fetus shall provide the pregnant woman with medical guidance and the following necessary medical examinations:
(a) serious pregnancy complications or complications;
(ii) serious mental illness;
(iii) other diseases that seriously affect childbirth as stipulated by the health administrative department of the State Council.
Article 20
If a pregnant woman has one of the following conditions, the physician shall make a prenatal diagnosis of her:
(1) excessive or low amniotic fluid;
(2) abnormal fetal development or suspected fetal malformations;
(3) exposure in the early stages of pregnancy to substances that may lead to congenital defects in the fetus;
(4) A family history of genetic disease or having delivered a baby with serious congenital defects;
(e) A primiparous woman who is over 35 years of age.
Article 21
Serious hereditary diseases of the fetus, serious defects of the fetus, and pregnant women suffering from serious diseases whose continuation of pregnancy may jeopardize the health and safety of their lives, as provided for in Article 18 of the Law on Maternal and Infant Health Care, shall be stipulated by the health administrative department of the State Council.
Article 22
Where a person has given birth to a child suffering from a serious hereditary disease or a serious defect, the husband and wife shall undergo a medical examination at a medical or health-care institution in accordance with the relevant provisions of the State before they become pregnant again. The medical and health-care institutions shall introduce to the parties concerned knowledge of hereditary diseases and give them counseling and guidance. For the diagnosis of serious hereditary diseases that are considered medically unfit for childbearing, the physician shall explain the situation to the person concerned and give a medical opinion.
Article 23
It is strictly prohibited to use technical means to identify the sex of a fetus.
If it is suspected that the fetus may be suffering from a companion genetic disease and gender identification is necessary, the medical or health care institutions designated by the health administrative department of the people's government of a province, autonomous region, or municipality directly under the Central Government shall carry out the identification in accordance with the provisions of the health administrative department of the State Council.
Article 24
The State advocates hospitalized childbirth. Medical and health-care institutions shall, in accordance with the technical specifications formulated by the health administrative department of the State Council, carry out sterilized delivery and neonatal resuscitation, prevent obstetric complications such as birth injuries and post-partum hemorrhage, and reduce maternal and perinatal morbidity and mortality.
If there are no conditions for hospital delivery, the delivery shall be performed by a person who has been licensed by the health administrative department of the local people's government at the county level and who has obtained a technical certificate as a family midwife.
High-risk pregnant women shall be hospitalized in medical and health care institutions for delivery. Article 25
Medical and health care institutions shall, in accordance with the relevant provisions of the State to carry out screening, diagnosis, treatment and monitoring of newborn congenital and hereditary metabolic diseases.
Article 26 of the medical and health institutions shall, in accordance with the provisions of the newborn visit, the establishment of children's health handbook (card), regular health checks on their health, to provide information on the prevention of disease, reasonable diet, promote intellectual development and other scientific knowledge, and to do a good job of infants with frequent illnesses, common illnesses, prevention and treatment and other health care services.
Article 27
Medical and health-care institutions shall administer preventive vaccination to infants in accordance with the prescribed procedures and programs.
Guardians of infants shall ensure that infants receive timely preventive inoculation.
Article 28
The State promotes breastfeeding. Medical and health-care institutions shall provide technical guidance for the implementation of breastfeeding, and provide the necessary conditions for breastfeeding for mothers who are hospitalized for delivery.
Medical and health-care institutions shall not publicize or recommend breast-milk substitutes to the families of pregnant women and infants.
Article 29
Breast-milk substitutes product packaging labels should be prominently marked with the superiority of breastfeeding.
Breast-milk substitutes producers and sellers shall not give samples of their products to medical and health care institutions or conditionally provide equipment, funds and information for the purpose of marketing.
Article 30
Women are entitled to maternity leave as prescribed by the State. If a woman has a baby under one year of age, her employer shall arrange for a certain amount of time for her to breastfeed the baby during her working hours. Article 31
Mother and child health care medical technology appraisal committees are divided into provincial, municipal and county levels.
Members of the Maternal and Infant Health Care Medical Technology Appraisal Committee shall meet the following conditions of service:
(1) Members of the Maternal and Infant Health Care Medical Technology Appraisal Committee at the county level shall have the professional and technical position of attending physician or above;
(2) Members of the Maternal and Infant Health Care Medical Technology Appraisal Committee at the municipal level in the districts and at the provincial level shall have the professional and technical position of deputy chief physician or above.
Article 32
Where the parties concerned disagree with the results of the premarital medical examination, the diagnosis of hereditary diseases, or the prenatal diagnosis, and where further diagnosis is required, they may, within 15 days from the date of receipt of the results of the examination or the diagnosis, apply in writing for an appraisal to the medical appraisal committee for mother and child health care at the county level or at the level of the municipality of the district where they are located.
Maternal and child health medical appraisal committee shall, within 30 days from the date of receipt of the application for appraisal of medical technology appraisal opinion, and timely notification of the parties.
The parties have objections to the appraisal of the opinion, you can receive the appraisal opinion within 15 days from the date of notification to the higher level of maternal and child health care medical technology appraisal committee to apply for re-appraisal.
Article 33
The Maternal and Infant Health Care Medical Technology Appraisal Committee shall have more than five members of the Medical Technology Appraisal Committee of the relevant specialties to participate in the medical appraisal.
The members of the appraisal committee shall sign their names on the appraisal conclusion; different opinions shall be faithfully recorded. Appraisal committee based on the conclusions of the appraisal issued to the parties concerned appraisal opinion.
Methods for the administration of medical technology appraisal of maternal and child health care shall be formulated by the health administrative department of the State Council. Article 34
The health administrative departments of the local people's governments at or above the county level shall be responsible for the supervision and management of maternal and child health care in their respective administrative areas, and shall perform the following supervisory and management duties:
(1) In accordance with the Maternal and Infant Health Care Law and these Measures, as well as the conditions and technical standards set forth by the State Council's administrative department of health, the institutions and personnel engaged in the work of maternal and infant health care shall implement the licensing process, and issue the appropriate License certificate;
(2) supervision and inspection of the implementation of the Maternal and Infant Health Care Law and these Measures;
(3) administrative penalties shall be imposed in accordance with the law on violations of the Maternal and Infant Health Care Law and these Measures;
(4) other matters of supervision and management of maternal and infant health care work.
Article 35
Medical and health care institutions and personnel engaged in the diagnosis of hereditary diseases and prenatal diagnosis shall be licensed by the health administrative departments of the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government.
Medical and health institutions and personnel engaged in premarital medical examinations shall be licensed by the health administrative departments of the people's governments at the municipal level.
Medical and health care institutions and personnel engaged in midwifery technical services, ligation surgery and termination of pregnancy, as well as personnel engaged in home delivery, shall be licensed by the health administrative department of the people's government at the county level, and obtain the appropriate certificate of competency.
Article 36
Health supervisors shall show their credentials when performing their duties.
Health supervisors may seek information from medical and health care institutions, request necessary information, and supervise and inspect maternal and child health care work; medical and health care institutions may not refuse or conceal this.
Health supervisors are obliged to keep confidential the technical information provided by medical and health care institutions.
Article 37
Medical and health-care institutions shall, according to the business they are engaged in, be equipped with appropriate personnel and medical equipment, and shall strengthen the training of personnel engaged in mother and child health care work in terms of job duties and professional ethics, and shall conduct regular inspections and examinations of them.
Physicians and midwives (including home birth attendants) shall strictly observe the relevant technical codes of practice, carefully fill in all records, and improve the quality of midwifery techniques and services.
The management of midwives shall be carried out in accordance with the provisions of the health administrative department of the State Council.
Practitioners engaged in maternal and child health care shall obtain the appropriate qualifications in accordance with the provisions of the Maternal and Child Health Law.
Article 38
Medical and health-care institutions shall, in accordance with the provisions of the health administrative department of the State Council, provide operational guidance for the health-care work of nursery schools and institutions.
Article 39
The state establishes a monitoring and reporting system for maternal deaths, infant deaths and birth defects of newborns. Article 40
Where a medical or health care institution or personnel fails to obtain a technical license for maternal and child health care, and engages in pre-marital medical examination, diagnosis of hereditary diseases, prenatal diagnosis, termination of pregnancy surgery and medical technology appraisal, or issues medical certificates relating thereto, it shall be given a warning by the administrative department of health and ordered to discontinue the unlawful act and confiscate the unlawful proceeds; where the unlawful proceeds are more than 5,000 yuan, the person concerned shall be fined not less than three times and not more than five times the unlawful proceeds. Above five times the fine; no illegal income or illegal income of less than 5,000 yuan, and impose a fine of 5,000 yuan above 20,000 yuan below.
Article 41
Persons engaged in maternal and child health care technical services who issue false medical certificates shall be given administrative sanctions in accordance with the law; if any of the following circumstances exist, the original licensing department shall revoke the corresponding qualification for practicing maternal and child health care technology or the certificate for practicing as a medical practitioner:
(1) if the delay in diagnosis and treatment has caused serious consequences;
(2) if it has caused serious consequences to the person's physical or mental health; and Physical and mental health of serious consequences;
(C) cause other serious consequences.
Article 42
If a person carries out fetal sex determination in violation of the provisions of these Measures, the administrative department of health shall give a warning and order the cessation of the illegal act; the person in charge of the medical treatment or health care institution who is directly responsible for the act or the other persons who are directly responsible for the act shall be subject to administrative sanctions in accordance with the law. Fetal sex identification for more than two times or for profit for fetal sex identification, and by the original licensing authority to revoke the corresponding mother and child health care technology licensing or medical practitioner's certificate of practice. Article 43
The format of the premarital medical examination certificate shall be prescribed by the health administrative department of the State Council.
Article 44
The medical and health care institutions referred to in the Law on Maternal and Infant Health Care and these Measures refer to the medical institutions of all levels and types that have obtained the license to practice as medical institutions from the health administrative department in accordance with the Regulations on the Administration of Medical Institutions.