Legal Provisions Prohibiting Fetal Sex Determination

Provisions prohibiting non-medically necessary fetal sex identification and sex-selective artificial termination of pregnancy

Article 1 In order to implement the basic national policy of family planning, promote the balance of the gender structure of the birth population, and promote the balanced development of the population, in accordance with the "People's Republic of China *** and the State Population and Family Planning Law," "People's Republic of China *** and the State Maternal and Infant Health Care Law," and other laws and regulations, to formulate the present provisions.

Article 2 non-medical needs of fetal sex identification and sex selection artificial termination of pregnancy, refers to the medical diagnosis of the fetus may be accompanied by genetic diseases, such as the need to identify the sex of the fetus and select the sex of artificial termination of pregnancy other than fetal sex identification and select the sex of artificial termination of pregnancy.

Article 3 prohibits any unit or individual to carry out non-medical needs of fetal sex identification and sex-selective artificial termination of pregnancy.

It is prohibited for any unit or individual to introduce or organize pregnant women to carry out non-medical needs of fetal sex identification and sex-selective artificial termination of pregnancy.

Article 4 of the administrative departments of health and family planning at all levels and food and drug supervision departments shall establish a non-medical needs of fetal sex identification and gender-selective artificial termination of pregnancy investigation and handling of illegal collaborative mechanisms and joint law enforcement mechanisms, *** with the implementation of supervision and management.

The administrative departments of health and food and drug administration shall, in accordance with their respective responsibilities, develop a system for the management of fetal sex identification, artificial termination of pregnancy and related drugs and medical devices.

Article 5 above the county level health administrative departments to perform the following duties:

(a) supervision and organization, coordination of non-medical needs of fetal sex identification and gender-selective artificial termination of pregnancy investigation and handling;

(b) is responsible for health care institutions and their practitioners access to practice and supervision of the use of relevant medical devices, as well as relevant laws and regulations, practice standards, publicity and training work;

(3) is responsible for the use of population information management system management, guidance to medical and health institutions in a timely and accurate collection of newborn births, deaths and other relevant information;

(4) laws, regulations, rules and regulations relating to non-medical needs of fetal sex identification and sex selection of artificial termination of pregnancy and other matters.

Article 6 above the county level administration for industry and commerce (including the implementation of industrial and commercial administration responsibilities of the market supervision and management departments, the same below) contains fetal sex identification and artificial termination of pregnancy advertisements to implement supervision, and investigate and deal with violations of the law.

Article 7 of the Food and Drug Administration in accordance with the law and fetal sex identification and artificial termination of pregnancy-related drugs and ultrasound diagnostic equipment, chromosome testing equipment and other medical devices, production, sales and use of product quality supervision, and investigate and deal with related violations.

Article 8 prohibit non-medical needs of fetal sex identification and gender-selective artificial termination of pregnancy should be included in the family planning target management responsibility system.

Article 9 of the legal birth conditions, except for the following circumstances, shall not be carried out sex-selective artificial termination of pregnancy:

(a) the fetus suffers from serious hereditary diseases;

(b) the fetus has serious defects;

(c) due to serious diseases, the continuation of the pregnancy may endanger the life of the pregnant woman or seriously endanger the health of the pregnant woman;

(d) laws and regulations, or medically necessary to terminate the pregnancy. (D) the laws and regulations or medical termination of pregnancy is considered necessary in other cases.

Article 10 of the medical needs of fetal sex identification, by the provinces, autonomous regions and municipalities directly under the Central Health Planning Administration approved the establishment of medical institutions in accordance with the relevant provisions of the State.

The implementation of medical needs of fetal sex identification, should be organized by the medical and health institutions more than three with clinical experience and knowledge of medical genetics, and has the professional and technical title of deputy chief physician or more collective review of experts. After diagnosis, it is necessary to artificially terminate pregnancy, should issue a medical diagnostic report, and the medical and health institutions to inform the local county-level health and family planning administrative departments.

Article 11 of the health care institutions should be set up in the workplace to prohibit non-medical needs of fetal sex identification and gender-selective artificial termination of pregnancy conspicuous signs; medical personnel should strictly abide by the relevant laws and regulations and ultrasound diagnosis, chromosome testing, artificial termination of pregnancy surgery management and other related systems.

Article 12 of the implementation of artificial termination of pregnancy surgery institutions should be registered before the operation, check the identity of the patient information, and timely implementation of the operation will be notified to the local county-level administrative departments of health and family planning.

Article 13 of the health care institutions in the event of neonatal death, should be issued in a timely manner death certificate, and to the local county health administrative departments.

Newborns in medical and health institutions outside the place of death, the guardian should be timely to the local township (town) people's government, the street office of the health and family planning agencies report; township (town) people's government, the street office of the health and family planning agencies should be verified, and to the township health centers or community health service centers to notify the relevant information.

Article 14 of the termination of pregnancy drug directory by the State Council food and drug regulatory departments in conjunction with the State Council administrative department of health planning to develop and publish.

Drug manufacturers and wholesalers can only sell termination of pregnancy drugs to drug wholesalers or medical and health institutions authorized to perform termination of pregnancy surgery. When selling termination of pregnancy drugs, drug manufacturers and wholesalers should strictly check the qualifications of the purchaser and make sales records in accordance with the relevant regulations on drug traceability. Drug retailers are prohibited from selling termination of pregnancy drugs.

The termination of pregnancy drugs, only in the authorized to carry out the termination of pregnancy surgery in the health care institutions under the guidance and supervision of the physician to use.

Approved to carry out artificial termination of pregnancy surgery, medical and health institutions should establish a true and complete record of purchase of termination of pregnancy drugs, and termination of pregnancy drugs for users to establish a complete file.

Article 15 of the medical equipment sales enterprises selling ultrasound diagnostic instruments, chromosome testing equipment and other medical devices, should verify the qualifications of the buyer, verify the qualifications of the organization and retain a copy of the establishment of a true and complete record of purchase and sale; shall not be ultrasound diagnostic instruments, chromosome testing equipment, and other medical devices sold to the institutions and individuals do not have the appropriate qualifications.

Article 16 of the health care, teaching and research institutions can be used to identify the sex of the fetus ultrasound diagnostic equipment, chromosome testing equipment and other medical devices, should provide the original qualifications of the organization and a copy of the sales enterprise verification, registration, and the establishment of the purchase inspection record system.

Article 17 of the illegal publication of non-medical needs of fetal sex identification or non-medical needs of sex selection for artificial termination of pregnancy ads, by the administration for industry and commerce in accordance with the "Chinese People's *** and the State Advertising Law" and other relevant laws and regulations to be punished.

For advertisements involving non-medical needs of fetal sex identification or non-medical needs of gender-selective artificial termination of pregnancy and other professional and technical content, the administration for industry and commerce may, as needed, refer to the same level of health and family planning administrative departments to be recognized.

Article 18 violation of the provisions of the use of related technology for others to implement non-medical needs of fetal sex identification or gender-selective artificial termination of pregnancy, by the health and family planning administrative departments at or above the county level in accordance with the "Chinese People's Republic of China" and the State Population and Family Planning Act and other relevant laws and regulations to deal with; on the health care institutions of the main person in charge of the person in charge of directly responsible for the personnel in charge and the personnel directly responsible for the law to give Discipline.

Article 19 of the mother and child health care technology does not obtain permission for health care institutions or personnel engaged in unauthorized termination of pregnancy surgery, engaged in mother and child health care technology service personnel to issue false medical need for artificial termination of pregnancy related medical diagnosis or certificate, by the county level or above the administrative department of health and family planning in accordance with the "People's Republic of China *** and the State of maternal and child health care law" and its implementation of relevant provisions of the law To deal with; the main person in charge of medical and health institutions, directly responsible for the supervisors and personnel directly responsible, shall be given sanctions.

Article 20 of the approved implementation of artificial termination of pregnancy surgery institutions did not establish a true and complete termination of pregnancy drug purchase records, or not in accordance with the provisions of the termination of pregnancy drug users to establish a complete medication file, by the county level or above, the administrative department of health and family planning and ordered to make corrections; refused to make corrections, given a warning, and may be sentenced to a fine of more than 10,000 yuan to less than 30,000 yuan; the main person in charge of the health care institutions, Directly responsible for the person in charge and directly responsible personnel, according to law.

Article 21 drug manufacturers, wholesale enterprises will terminate pregnancy drugs sold to unauthorized implementation of artificial termination of pregnancy of medical and health institutions and individuals, or the sale of termination of pregnancy drugs did not check the qualification certificate of the purchaser, not in accordance with the provisions of the sales record, as well as drug retailers to sell termination of pregnancy drugs, by the food and drug regulatory departments at or above the county level in accordance with the relevant provisions of the "Chinese People's Republic of China", "Drug Administration Law", "Drug Administration Law", the relevant provisions of the Food and Drug Administration. Drug Administration Law" of the relevant provisions of the treatment.

Article 22 of the medical device production and management enterprises will ultrasound diagnostic instruments, chromosome testing equipment and other medical devices sold to the purchase of unqualified institutions or individuals, by the food and drug regulatory departments at or above the county level and ordered to correct, impose a fine of 10,000 yuan or more than 30,000 yuan.

Article 23 introduces, organizes pregnant women to implement non-medical needs of fetal sex identification or sex selection of artificial termination of pregnancy, by the health and family planning administrative departments above the county level and ordered to correct, and given a warning; the circumstances are serious, confiscate the illegal income, and impose a fine of 5,000 yuan to 30,000 yuan.

Article 24 encourages any unit or individual to report violations of these provisions. Reported content is verified, should be based on the relevant provisions of the corresponding reward to the informer.

Article 25 of the provisions of this May 1, 2016 shall come into force. November 29, 2002, the former State Family Planning Commission, the former Ministry of Health, the former State Drug Administration announced the "prohibition of non-medical needs of fetal sex identification and sex-selective artificial termination of pregnancy provisions" shall be repealed at the same time.