Full text of the 2017 regulations on disability prevention and rehabilitation of people with disabilities
The regulations on disability prevention and rehabilitation of people with disabilities came into force from July 1, 2017 onwards. Here is what I have collected for you about the full text of the 2017 Regulations on Disability Prevention and Rehabilitation of Persons with Disabilities, welcome to read and learn!
Chapter I General Provisions
Article 1 In order to prevent the occurrence of disability, reduce the degree of disability, help people with disabilities to restore or compensate for their functions, promote the equal and full participation of people with disabilities in social life, and to develop the cause of disability prevention and rehabilitation of people with disabilities, in accordance with the "People's Republic of China*** and the State Law on the Protection of Persons with Disabilities", the formulation of these regulations.
Article 2 The disability prevention referred to in these regulations means taking effective measures against various disability-causing factors to avoid the loss or abnormality of certain tissues or functions of an individual's psychology, physiology, and body structure, and to prevent the total or partial loss of the ability to participate in normal social activities.
Rehabilitation of persons with disabilities, as referred to in these Regulations, refers to the comprehensive use of medical, educational, vocational, social, psychological and assistive devices after the onset of disability, to help persons with disabilities to restore or compensate for the function, alleviate the dysfunction, and enhance the ability to take care of themselves and participate in society.
Article 3 Disability prevention and rehabilitation of persons with disabilities should adhere to the people-oriented, from a practical point of view, the implementation of prevention, prevention and rehabilitation of the combination of the policy.
The State shall take measures to provide basic rehabilitation services for persons with disabilities, and support and help them integrate into society. Discrimination on the basis of disability is prohibited.
Article 4: Governments at or above the county level shall lead the work of disability prevention and rehabilitation of persons with disabilities, incorporate disability prevention and rehabilitation of persons with disabilities into national economic and social development planning, improve the service and guarantee system for disability prevention and rehabilitation of persons with disabilities, set up a working mechanism led by the government, with the collaboration of the departments and with the participation of the society, and carry out a system of responsibility for the work, and assess and supervise the work of disability prevention and rehabilitation of persons with disabilities undertaken by the relevant departments. assessment and supervision. Township governments and street offices organize and carry out disability prevention and rehabilitation of the disabled according to the actual situation in their areas.
Government agencies above the county level responsible for the work of people with disabilities are responsible for the organization, implementation and supervision of disability prevention and rehabilitation of people with disabilities. The relevant departments of the governments at or above the county level shall do a good job in the prevention of disabilities and rehabilitation of the disabled within their respective areas of responsibility.
Article 5 The China Disabled Persons' Federation and its local organizations shall, in accordance with the laws, regulations and statutes, or accept the entrustment of the government, carry out the work of disability prevention and rehabilitation of persons with disabilities.
Trade unions, ****productivist youth league, the Women's Federation, the Red Cross and so on, in accordance with the law to do a good job in the prevention of disability and rehabilitation of persons with disabilities.
Article 6 State organs, social organizations, enterprises and institutions, and urban and rural grass-roots mass self-government organizations shall do a good job of disability prevention and rehabilitation of persons with disabilities within their respective scope. Those engaged in disability prevention and rehabilitation of the disabled shall fulfill their duties in accordance with the law.
Article 7 All sectors of society should care about, support and participate in the cause of disability prevention and rehabilitation of persons with disabilities.
The news media shall actively carry out publicity on disability prevention and rehabilitation of persons with disabilities.
The state encourages and supports organizations and individuals to provide disability prevention and rehabilitation services for persons with disabilities, donate to the cause of disability prevention and rehabilitation of persons with disabilities, and build related public welfare facilities.
Article 8 The State encourages the development of scientific research and application of disability prevention and rehabilitation of persons with disabilities, and improves the scientific and technological level of disability prevention and rehabilitation of persons with disabilities.
The State encourages international exchanges and cooperation in the fields of disability prevention and rehabilitation of persons with disabilities.
Article 9 Organizations and individuals who have made remarkable achievements in disability prevention and rehabilitation of persons with disabilities shall be commended and rewarded in accordance with the relevant provisions of the State.
Chapter II Disability Prevention
Article 10 Disability prevention should cover the whole population and the whole life cycle, based on the community and the family, and adhering to the combination of universal prevention and key prevention and control.
Article 11 The government at or above the county level organizes the relevant departments, federations of persons with disabilities to carry out the following disability prevention work:
(a) the implementation of disability monitoring, regular surveys of disability, analysis of the causes of disability, genetics, diseases, medicines, accidents and other major contributing factors to the disability of the implementation of dynamic monitoring;
(b) the development and implementation of disability prevention work plan, for the major contributing factors to the implementation of key prevention, for the major contributing factors to the implementation of key prevention. (B) formulate and implement disability prevention work plan, for the main disability-causing factors to implement key prevention, the higher risk of disability in the region, population, industry, units to implement priority interventions;
(C) do a good job of disability prevention publicity and education, popularize the knowledge of disability prevention.
Article 12 The competent authorities in charge of health and family planning in carrying out preconception and maternal health care, prenatal screening, prenatal diagnosis and newborn screening, infectious diseases, endemic diseases, chronic diseases, mental illnesses and other prevention and control, mental health care guidance, etc., shall do a good job in the prevention of disability, for genetic, disease, medication and other disabling factors, to take appropriate measures to eliminate or reduce the risk of disability, and strengthen the clinical early rehabilitation intervention to reduce disability. Clinical early rehabilitation intervention to reduce the incidence of disability.
Public security, production safety supervision and management, food and drug supervision and management, environmental protection, disaster prevention, mitigation and relief departments in the traffic safety, production safety, food and drug safety, environmental protection, disaster prevention, mitigation and relief work, should be accidents, environmental pollution, disasters and other disabling factors, to take appropriate measures to reduce the incidence of disability.
Article 13 The relevant departments of the State Council such as health and family planning, education, civil affairs and the China Disabled Persons' Federation shall, in the performance of their duties, collect and summarize information on persons with disabilities, and realize the sharing of information ****.
Article 14 The medical and health institutions that undertake screening and diagnosis of neonatal diseases and disabilities of minors shall, in accordance with the regulations, report information on disabilities and minors with disabling diseases to the competent health and family planning department of the county-level government where they are located. The competent health and family planning department receiving the report shall, in accordance with the provisions of the relevant information in a timely manner with the federation of persons with disabilities **** enjoy, and **** with the organization to carry out early intervention.
Article 15 Employers with a high risk of disability shall train their employees in disability prevention, inform them of the risks of disability in their workplaces and jobs, and take protective measures to provide protective facilities and supplies.
Article 16 The State encourages citizens to learn disability prevention knowledge and skills, and to improve their awareness and ability to protect themselves.
The guardians of minors shall ensure that minors receive timely screening for diseases and disabilities provided by the government free of charge, and endeavor to enable minors with birth defects or disabling diseases to receive timely treatment and rehabilitation services. Guardians or family members of minors and the elderly should enhance the awareness of disability prevention and take targeted disability prevention measures.
Chapter III Rehabilitation Services
Article 17 The governments at or above the county level shall organize health and family planning, education, civil affairs and other departments and federations of persons with disabilities to integrate institutions engaged in rehabilitation services for persons with disabilities (hereinafter referred to as rehabilitation institutions), facilities and personnel and other resources, rational layout, establish and improve community-based rehabilitation, rehabilitation institutions as the backbone, and families of persons with disabilities as the basis.
Governments at or above the county level shall give priority to the rehabilitation of children with disabilities, and implement the combination of rehabilitation and education.
Article 18 The governments at or above the county level, according to the number of persons with disabilities in the administrative region, the distribution of the situation, the demand for rehabilitation, formulate plans for the setting up of rehabilitation institutions, organize public welfare rehabilitation institutions, and incorporate the setting up of rehabilitation institutions in the planning of the basic public **** service system.
Governments at and above the county level support social forces to invest in the construction of rehabilitation institutions, and encourage a variety of forms to organize rehabilitation institutions.
Rehabilitation institutions organized by social forces and government-run rehabilitation institutions in the access, practice, professional and technical personnel title evaluation, non-profit organizations, financial and tax support, the government to purchase services and other aspects of the implementation of the same policy.
Article 19 Rehabilitation institutions should have a service place in line with the requirements of barrier-free environment and the provision of rehabilitation services and professional and technical personnel, facilities and equipment, and other conditions, to establish a sound management system of rehabilitation services.
Rehabilitation organizations shall, in accordance with relevant laws, regulations and standards and norms, provide safe and effective rehabilitation services for persons with disabilities. Rehabilitation organizations are encouraged to provide rehabilitation business guidance and technical support to communities, schools and families in their regions.
The construction standards, service norms and management methods of rehabilitation institutions shall be formulated by the relevant departments of the State Council in consultation with the China Disabled Persons' Federation.
The relevant departments of the government at or above the county level shall, according to their respective responsibilities, strengthen the supervision and management of rehabilitation organizations. Federation of persons with disabilities shall summarize and release information on rehabilitation institutions in a timely manner, to facilitate the disabled to receive rehabilitation services, the relevant departments should be supported. The Federation of Persons with Disabilities accepts the government entrusted to supervise rehabilitation institutions and the quality of their services.
Article 20 The governments at all levels shall incorporate community rehabilitation of persons with disabilities into the community public **** service system.
The relevant departments of the government at or above the county level, the Federation of Persons with Disabilities shall make use of community resources, according to the number of persons with disabilities in the community, the type and rehabilitation needs to set up a rehabilitation place, or through the government to purchase services entrusted to social organizations, organizations to carry out rehabilitation guidance, daily life ability training, rehabilitation care, assistive device configuration, information and consultation, knowledge popularization and referral and other community rehabilitation work.
Urban and rural grass-roots mass self-governance organizations should encourage and support persons with disabilities and their family members to participate in community rehabilitation activities and integrate into community life.
Article 21 The provision of rehabilitation services for persons with disabilities shall assess the health, daily activities, social participation and other needs of persons with disabilities, and formulate individualized rehabilitation programs based on the results of the assessment, and adjust and optimize the rehabilitation programs according to the implementation. The development and implementation of rehabilitation programs shall fully listen to and respect the views of persons with disabilities and their families, and inform the detailed information of rehabilitation measures.
The provision of rehabilitation services for persons with disabilities, shall protect the privacy of persons with disabilities, shall not be discriminatory, insulting persons with disabilities.
Article 22 The personnel engaged in rehabilitation services for persons with disabilities shall have a humanitarian spirit, abide by professional ethics, and learn to master the necessary professional knowledge and skills and be able to skillfully use them; the relevant laws and administrative regulations require the acquisition of appropriate qualifications, they shall also obtain the appropriate qualifications in accordance with the law.
Article 23 of the rehabilitation institutions shall carry out on-the-job training of its staff, organized to learn professional knowledge and skills in rehabilitation, and improve the level of business and service capacity.
Article 24 Governments at all levels and above the county level, the relevant government departments, federations of persons with disabilities, and rehabilitation institutions shall provide convenient conditions for persons with disabilities and their family members to learn and master the knowledge and skills of rehabilitation, and guide persons with disabilities to take the initiative to participate in rehabilitation activities, and the family members of persons with disabilities should be supported and assisted.
Chapter IV Guarantees Measures
Article 25 The governments at all levels shall, in accordance with the relevant provisions of the social insurance for persons with disabilities into the scope of the basic medical insurance, the inclusion of the basic medical insurance to cover the costs of medical rehabilitation shall be paid; in accordance with the relevant provisions of the medical assistance for the participation of persons with disabilities with financial difficulties in basic medical insurance subsidies, and to provide financial assistance to persons with financial difficulties to participate in the basic medical insurance, and to provide financial assistance to persons with disabilities with financial difficulties. In accordance with the relevant provisions of the medical assistance for the disabled family in financial difficulties to participate in basic medical insurance subsidies, and the basic medical insurance, major illness insurance and other supplementary medical insurance to pay the medical costs of medical assistance for those who still have difficulties.
Article 26 The State establishes a system of rehabilitation assistance for children with disabilities, and gradually realizes that children aged 0-6 years with disabilities in vision, hearing, speech, limb, intellect, and autism are provided with free services such as surgery, configuration of assistive devices, and rehabilitation training; improves the system of subsidies for the care of persons with severe disabilities; provides basic rehabilitation services for urban and rural impoverished persons with disabilities, and for persons with severe disabilities, in accordance with the national regulations, and provides them with medical assistance in accordance with the national regulations. Basic rehabilitation services are provided for poor urban and rural persons with disabilities and persons with severe disabilities through the implementation of key rehabilitation projects, and the allocation of basic assistive devices is subsidized in accordance with the relevant State regulations. Specific measures shall be formulated by the relevant departments of the State Council in consultation with the China Disabled Persons' Federation, in accordance with the level of economic and social development and the rehabilitation needs of persons with disabilities.
The State raises funds for the rehabilitation of persons with disabilities through multiple channels, and encourages and guides social forces to help persons with disabilities receive rehabilitation services through charitable donations. Workers' compensation insurance funds, employment security funds for persons with disabilities in accordance with the relevant provisions of the State for the rehabilitation of persons with disabilities.
Conditional . Areas should be in accordance with the local actual situation to raise the standard of protection, expand the scope of protection, the implementation of higher than the state level of protection measures for the rehabilitation of persons with disabilities.
Article 27 Governments at all levels shall, according to the needs of disability prevention and rehabilitation of persons with disabilities, disability prevention and rehabilitation of persons with disabilities into the budget of the government at this level.
Organizations engaged in disability prevention and rehabilitation services for persons with disabilities enjoy preferential tax policies in accordance with the law. The relevant departments of the government at or above the county level to the relevant organizations to give funding, facilities and equipment, land use and other support.
Article 28 The state strengthens the cultivation of professionals in disability prevention and rehabilitation of persons with disabilities; encourages and supports institutions of higher learning and vocational schools to set up disability prevention and rehabilitation of persons with disabilities related majors or offer related courses, and train professional and technical personnel.
Government health and family planning, education and other relevant departments at or above the county level shall disability prevention and rehabilitation of persons with disabilities into the knowledge and skills of health and family planning, education and other relevant professional and technical personnel continuing education.
Article 29 The human resources and social security departments under the State Council shall, in conjunction with the relevant departments of the State Council and the China Disabled Persons' Federation, according to the needs of disability prevention and rehabilitation of persons with disabilities, and improve the evaluation system of the level of vocational competence of professional and technical personnel in disability prevention and rehabilitation of persons with disabilities.
Article 30 The governments at or above the provincial level and their relevant departments shall actively support the research and development, promotion and application of assistive devices.
Assistive device research and development, production units enjoy relevant tax incentives.
Article 31 The governments at all levels and the relevant departments of the governments at or above the county level shall, in accordance with the relevant provisions of the state, guarantee the treatment of staff for disability prevention and rehabilitation of persons with disabilities. Human resources and social security departments of the government at or above the county level shall give preference to the staff of disability prevention and rehabilitation of persons with disabilities in terms of training and further training, recognition and rewards.
Chapter V Legal Responsibility
Article 32 Local governments at all levels and the relevant departments of the governments at or above the county level fail to fulfill their responsibilities for the prevention of disabilities and rehabilitation of persons with disabilities in accordance with the provisions of these regulations, or neglect of their duties, the leaders and persons directly responsible shall be given sanctions according to law.
The federations of persons with disabilities at all levels have violated the provisions of these Regulations, the leaders and directly responsible persons shall be given sanctions according to law.
Article 33 medical and health institutions, rehabilitation institutions and their staff do not carry out disability prevention and rehabilitation of persons with disabilities in accordance with the provisions of these Regulations, the competent authorities in accordance with their respective division of responsibilities and ordered to make corrections, and given a warning; if the circumstances are serious, ordered the suspension of the relevant practice, the leadership and directly responsible persons shall be given penalties according to law.
Article 34 has a high risk of disability of the employer fails to fulfill the provisions of Article 15 of the Ordinance disability prevention obligations, in violation of production safety, occupational disease prevention and control of laws and administrative regulations, in accordance with the relevant laws and administrative regulations shall be punished; the relevant laws and administrative regulations do not provide for the relevant competent authorities in accordance with their respective division of responsibilities ordered to rectify the situation and given a warning; refused to rectify the situation, ordered to suspend the production of the relevant activities, and shall be punished according to law. Refusal to make corrections, ordered to suspend production and reorganization. The employer shall also bear the obligations of rescue and protection according to law.
Article 35 violation of the provisions of these Regulations, constitutes a crime, shall be investigated for criminal responsibility; caused personal and property losses, shall bear the responsibility for compensation.
Chapter 6 Supplementary Provisions
Article 36 These Regulations shall come into force on July 1, 2017 .
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