*** Chapter Eight, Article 45
Measures for the Implementation of the Maternal and Infant Health Care Law of the People's Republic of China
State Council Order No. 308
Promulgation date: 20010620Implementation date: 20010620Promulgation unit: State Council
Chapter 1 General Provisions
Article 1 According to the "Maternal and Infant Regulations of the People's Republic of China and the People's Republic of China" Health Care Law (hereinafter referred to as the Maternal and Infant Health Care Law), these measures are formulated.
Article 2: Institutions and their personnel engaged in maternal and infant health care services within the territory of the People’s Republic of China shall abide by the Maternal and Infant 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 Regulations on the Administration of Family Planning Technical Services.
Article 3 Technical services for maternal and infant health care mainly include the following matters:
(1) Popular science publicity, education and consultation on maternal and infant health care;
( 2) Premarital medical examination;
(3) Prenatal diagnosis and genetic disease diagnosis;
(4) Midwifery technology;
(5) Implementation of medicine Birth control surgery required;
(6) Newborn disease screening;
(7) Other reproductive health care services related to fertility, birth control and infertility.
Article 4: Citizens have the right to make informed choices about maternal and infant health care. The state guarantees citizens’ rights to appropriate maternal and infant health care services.
Article 5: Maternal and infant health care is centered on health care, aims at ensuring reproductive health, and implements the policy of combining health care and clinical practice, oriented to groups, oriented to grassroots and focused on prevention.
Article 6 People’s governments at all levels shall incorporate maternal and infant health care into their national economic and social development plans, provide necessary economic, technical and material conditions for the development of maternal and infant health care, and provide support to minority Special support will be given to maternal and infant health care in ethnic minority areas and poor areas.
Local people's governments at or above the county level may establish special funds for the development of maternal and infant health care based on the actual conditions and needs of the region.
Article 7 The health administrative department of the State Council is in charge of maternal and infant health care nationwide and performs the following duties:
(1) Formulate the Maternal and Infant Health Law and the supporting regulations and technical specifications of these Measures;
(2) According to the principle of hierarchical and classified guidance, formulate national maternal and infant health care development plans and implementation steps;
(3) Organize and promote maternal and infant health care and other reproductive health appropriate Technology;
(4) Supervise maternal and infant health care work.
Article 8 The finance, public security, civil affairs, education, labor and social security, family planning and other departments of the people's governments at or above the county level shall, within the scope of their respective responsibilities, cooperate with the health administrative departments at the same level to ensure maternal and infant health care Work.
Chapter 2 Premarital Health Care
Article 9 Premarital health guidance referred to in Article 7 of the Maternal and Infant Health Care Law includes the following matters:
(1) Related matters Sexual health care and education;
(2) Newlywed contraceptive knowledge and family planning guidance;
(3) Pre-conception health care knowledge such as preparation before conception, environment and the impact of diseases on offspring ;
(4) Basic knowledge of genetic diseases;
(5) Basic knowledge of diseases affecting marriage and childbearing;
(6) Other reproductive health Knowledge.
When doctors conduct premarital health consultation, they should provide scientific information to the client, guide the possible consequences, and make appropriate suggestions.
Article 10: In areas where premarital medical examinations are implemented, men and women who are planning to get married should go to medical and health care institutions for premarital medical examinations before applying for marriage registration.
Article 11 Medical and health care institutions that engage in premarital medical examinations shall be reviewed by the health administrative department of the people's government of the districted municipality where they are located; if they meet the conditions, they shall be included in their "Medical Institution Practice License" indicated on.
Article 12 Medical and health care institutions that apply to engage in pre-marital medical examinations shall meet the following conditions:
(1) Set up dedicated pre-marital medical examination rooms for men and women respectively, equipped with routine Examination and specialized examination equipment;
(2) Set up a premarital reproductive health publicity and education room;
(3) Have qualified practicing physicians to conduct premarital medical examinations for men and women.
Article 13: Pre-marital medical examination includes asking about medical history, physical examination and related examinations.
Premarital medical examinations should comply with premarital health care work standards and be conducted in accordance with premarital medical examination items. Premarital health care work standards and premarital medical examination items are stipulated by the health administrative department of the State Council.
Article 14 After a pre-marital medical examination, medical and health care institutions shall issue a pre-marital medical examination certificate to the party receiving the pre-marital medical examination.
The pre-marital medical examination certificate should state whether the following diseases have been found:
(1) Designated infectious diseases during the infectious period;
(2) During the onset of the disease Relevant mental illness during the period;
(3) Serious hereditary diseases that are not suitable for childbearing;
(4) Other diseases that are medically considered unsuitable for marriage.
If a disease is discovered in Items (1), (2), and (3) of the preceding paragraph, the doctor shall explain the situation to the party concerned and make suggestions for prevention, treatment, and corresponding medical measures. Based on the doctor's medical opinion, the parties concerned may postpone marriage or voluntarily adopt long-acting contraceptive measures or ligation surgery; medical and health care institutions shall provide medical consultation and medical services for their treatment.
Article 15: If a medical or health care institution cannot confirm the diagnosis after a pre-marital medical examination, it shall be transferred to a medical or health care institution designated by the health administrative department of the people's government at or above the districted city level for diagnosis.
Article 16 In areas where pre-marital medical examination is implemented, the marriage registration agency shall examine the pre-marital medical examination certificate or the medical appraisal certificate specified in Article 11 of the Maternal and Infant Health Care Law when handling marriage registration.
Chapter 3 Health Care During Pregnancy and Childbirth
Article 17 Medical and health care institutions shall provide women of childbearing age with consultation and medical treatment on contraception, birth control, fertility, infertility and reproductive health. Health services.
If a doctor discovers or suspects that a couple of childbearing age suffers from a serious hereditary disease, he or she should provide a medical opinion; if it is difficult to diagnose due to the current level of medical technology, he or she should explain the situation to the parties concerned. Couples of childbearing age can choose corresponding medical measures such as contraception, birth control, and infertility.
Article 18 Medical and health care institutions shall provide the following medical and health care services to pregnant women:
(1) Establish a health care manual (card) for pregnant women and conduct regular prenatal examinations ;
(2) Provide medical guidance and consultation on health, nutrition, psychology and other aspects to pregnant women;
(3) Provide focused monitoring, follow-up and medical care services to high-risk pregnant women ;
(4) Provide safe delivery technical services for pregnant women;
(5) Conduct regular postpartum visits and guide mothers to scientifically feed their babies;
( 6) Provide contraceptive consultation, guidance and technical services;
(7) Provide reproductive health education and scientific parenting knowledge to pregnant women and their families;
(8) Other maternal and childbirth health care Serve.
Article 19 Medical and health care institutions discover that pregnant women suffer from the following serious diseases or are exposed to physical, chemical, biological and other toxic or harmful factors, which may endanger the life of the pregnant woman or may seriously affect the health of the pregnant woman and the normal development of the fetus , pregnant women should be provided with medical guidance and the following necessary medical examinations:
(1) Serious pregnancy complications or complications;
(2) Serious mental illness;
(3) Other diseases that seriously affect fertility as specified by the health administrative department of the State Council.
Article 20 If a pregnant woman has any of the following circumstances, doctors should conduct prenatal diagnosis: (1) Polyhydramnios or oligohydramnios;
(2) The fetus has abnormal development or the fetus has suspicious malformation;
(3) The person has been exposed to substances that may cause congenital defects in the fetus in early pregnancy;
(4) There is Those who have a family history of genetic diseases or have given birth to babies with severe congenital defects;
(5) First-time mothers who are over 35 years old.
Article 21: The catalog of serious genetic diseases of the fetus, serious defects of the fetus, and serious diseases of pregnant women that may endanger their life, health and safety if they continue to be pregnant as stipulated in Article 18 of the Maternal and Infant Health Care Law. It shall be stipulated by the health administrative department of the State Council.
Article 22: For those who have given birth to children with serious hereditary diseases or serious defects, before becoming pregnant again, both spouses shall go to medical and health care institutions for medical examination in accordance with relevant national regulations. Medical and health care institutions should introduce knowledge about genetic diseases to the parties and provide consultation and guidance. If a person is diagnosed with a serious hereditary disease that is medically considered unsuitable for childbearing, the doctor shall explain the situation to the person concerned and provide medical advice.
Article 23 It is strictly prohibited to use technical means to identify the gender of the fetus.
If it is suspected that the fetus may have a sex-linked genetic disease and requires gender identification, the medical and health care institutions designated by the health administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall conduct identification in accordance with the regulations of the health administrative department of the State Council.
Article 24: The state promotes hospital delivery. Medical and health care institutions should implement sterile delivery and neonatal resuscitation in accordance with the technical operating specifications formulated by the health administrative department of the State Council, prevent obstetric complications such as birth injuries and postpartum hemorrhage, and reduce maternal and perinatal morbidity and mortality.
If there are no conditions for hospital delivery, the birth shall be delivered by personnel licensed by the health administrative department of the local people's government at the county level and who have obtained the technical certificate of home midwifery.
High-risk pregnant women should be hospitalized for delivery in medical and health care institutions.
Chapter 4 Infant Health Care
Article 25 Medical and health care institutions shall carry out screening, diagnosis, treatment and treatment of congenital and hereditary metabolic diseases in newborns in accordance with relevant national regulations. monitor.
Article 26 Medical and health care institutions shall conduct newborn visits in accordance with regulations, establish children's health manuals (cards), conduct regular health examinations, and provide relevant information on disease prevention, reasonable diet, and intelligence promotion. Development and other scientific knowledge, and provide medical and health care services such as prevention and treatment of frequently-occurring and common diseases in infants.
Article 27: Medical and health care institutions shall vaccinate infants in accordance with prescribed procedures and projects.
The baby's guardian should ensure that the baby receives vaccinations in a timely manner.
Article 28: The state promotes breastfeeding. Medical and health care institutions should provide technical guidance for the implementation of breastfeeding and provide necessary breastfeeding conditions for mothers who give birth in the hospital.
Medical and health care institutions are not allowed to promote or recommend breast milk substitutes to pregnant women and families with infants.
Article 29: The packaging label of breast-milk substitute products shall indicate the superiority of breastfeeding in a prominent position.
Producers and sellers of breast-milk substitutes are not allowed to donate product samples to medical and health care institutions or conditionally provide equipment, funds and materials for the purpose of promotion.
Article 30: Women shall enjoy maternity leave prescribed by the state. For women who have babies under 1 year old, their employer must arrange a certain amount of breastfeeding time for them during working hours.
Chapter 5 Technical Appraisal
Article 31 The Maternal and Infant Health Care Medical Technical Appraisal Committee is divided into three levels: provincial, municipal and county.
Members of the Maternal and Infant Health Care Medical Technical Appraisal Committee shall meet the following qualifications:
(1) Members of the county-level Maternal and Infant Health Care Medical Technical Appraisal Committee shall have professional and technical positions above those of attending physicians;
(2) Members of the maternal and infant health care medical technical appraisal committees at the districted municipal and provincial levels should have professional and technical positions above deputy chief physician.
Article 32 If the parties concerned have objections to the results of pre-marital medical examination, genetic disease diagnosis, or prenatal diagnosis and need further diagnosis, they may file a complaint with the county where they are located within 15 days from the date of receiving the examination or diagnosis results. The maternal and infant health care medical technical appraisal committee at the level or districted city level shall submit a written appraisal application.
The Maternal and Infant Health Care Medical Technical Appraisal Committee shall make a medical technical appraisal opinion within 30 days from the date of receipt of the appraisal application and notify the parties in a timely manner.
If the party concerned has objections to the appraisal opinion, he or she may apply for re-appraisal to the superior maternal and infant health care medical technical appraisal committee within 15 days from the date of receipt of the appraisal opinion notice.
Article 33: When the Maternal and Infant Health Care Medical Technical Appraisal Committee conducts medical appraisal, more than 5 members of the relevant professional medical technical appraisal committee must participate.
Members of the appraisal committee shall sign the appraisal conclusion; dissenting opinions shall be truthfully recorded. The appraisal committee shall issue an appraisal opinion to the parties based on the appraisal conclusion.
The measures for the management of maternal and infant health care medical technical appraisal shall be formulated by the health administration department of the State Council.
Chapter 6 Supervision and Management
Article 34 The health administrative departments of local people’s governments at or above the county level are responsible for the supervision and management of maternal and infant health care within their own administrative regions, and perform the following supervision and management Responsibilities:
(1) In accordance with the Maternal and Infant Health Care Law and these Measures, as well as the conditions and technical standards stipulated by the health administrative department of the State Council, implement licensing for institutions and personnel engaged in maternal and infant health care, and issue corresponding licenses Certificate;
(2) Supervise and inspect the implementation of the Maternal and Infant Health Care Law and these Measures;
(3) Acts that violate the Maternal and Infant Health Care Law and these Measures shall be punished in accordance with the law Imposing administrative penalties;
(4) Responsible for other matters in the supervision and management of maternal and infant health care.
Article 35: Medical and health care institutions and personnel engaged in genetic disease diagnosis and prenatal diagnosis must obtain permission from the health administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government.
Medical and health care institutions and personnel engaged in premarital medical examinations must obtain permission from the health administrative department of the districted municipal people's government.
Medical and health care institutions and personnel engaged in midwifery technical services, ligation surgeries and pregnancy termination surgeries, as well as persons engaged in home delivery, must obtain permission from the health administrative department of the county-level people's government and obtain corresponding certificates of qualification .
Article 36: Health supervisors shall produce their certificates when performing their duties.
Health supervision personnel can learn about the situation from medical and health care institutions, obtain necessary information, and supervise and inspect maternal and infant health care work. Medical and health care institutions must not refuse or conceal.
Health supervision personnel have the obligation to keep confidential the technical information provided by medical and health care institutions.
Article 37 Medical and health care institutions shall be equipped with corresponding personnel and medical equipment according to the business they are engaged in, strengthen on-the-job business training and professional ethics education for personnel engaged in maternal and infant health care, and provide regular Inspect and assess them.
Doctors and midwives (including home midwives) should strictly abide by relevant technical operating specifications, carefully fill in various records, and improve midwifery technology and service quality.
The management of midwives shall be carried out in accordance with the regulations of the health administrative department of the State Council.
Practicing physicians engaged in maternal and infant health care should obtain corresponding qualifications in accordance with the provisions of the Maternal and Infant Health Care Law.
Article 38: Medical and health care institutions shall, in accordance with the provisions of the health administrative department of the State Council, provide professional guidance on the health care work of kindergartens and institutions.
Article 39: The state establishes a monitoring and reporting system for maternal deaths, infant deaths and neonatal birth defects.
Chapter 7 Penalties
Article 40 Medical and health care institutions or personnel engage in premarital medical examinations, genetic disease diagnosis, and prenatal diagnosis without obtaining a maternal and infant health care technology license. , termination of pregnancy surgery and medical technical appraisal or the issuance of relevant medical certificates, the health administrative department will give a warning, order to stop the illegal behavior, and confiscate the illegal income; if the illegal income exceeds 5,000 yuan, a fine of not less than 3 times but not more than 5 times of the illegal income will be imposed ; If there is no illegal income or the illegal income is less than 5,000 yuan, a fine of not less than 5,000 yuan but not more than 20,000 yuan shall be imposed.
Article 41 If a person engaged in maternal and infant health care technical services issues false medical certification documents, he or she shall be given administrative sanctions in accordance with the law; in any of the following circumstances, the original issuing department shall revoke the corresponding maternal and infant health care certificate. Technical practicing qualification or physician practicing certificate:
(1) Delay in diagnosis and treatment, causing serious consequences;
(2) Causing serious consequences to the physical and mental health of the parties;
(3) Causing other serious consequences.
Article 42 Anyone who conducts fetal gender identification in violation of the provisions of these Measures shall be given a warning by the health administrative department and ordered to stop the illegal behavior; the directly responsible person in charge and other directly responsible personnel of medical and health care institutions shall be Administrative sanctions shall be imposed in accordance with the law. If the gender identification of the fetus is performed more than twice or if the gender identification of the fetus is performed for profit-making purposes, the corresponding maternal and infant health care technical qualification or physician practice certificate shall be revoked by the original licensing authority.
Chapter 8 Supplementary Provisions
Article 43 The format of the pre-marital 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 Maternal and Infant Health Care Law and these Measures refer to all types of medical institutions at all levels that have obtained the practice license of medical institutions from the health administration department in accordance with the "Regulations on the Administration of Medical Institutions" mechanism.
Article 45: These Measures shall come into effect on the date of promulgation.