Article 1 These Regulations are formulated in accordance with the Law of the People's Republic of China on the Protection of Disabled Persons in order to prevent disability, reduce the degree of disability, help disabled persons recover or compensate their functions, promote their equal and full participation in social life, and develop the cause of disability prevention and rehabilitation.
Article 2 The term "prevention of disability" as mentioned in these Regulations refers to taking effective measures against various disabling factors to avoid the loss or abnormality of certain tissues and functions in individual psychology, physiology and human body structure, and to prevent them from losing their ability to participate in social activities normally in whole or in part.
The term "rehabilitation of the disabled" as mentioned in these Regulations refers to the comprehensive use of medical, educational, vocational, social, psychological and assistive devices to help the disabled recover or compensate their functions, reduce their dysfunction, and enhance their ability to take care of themselves and participate in society.
Article 3 Disability prevention and rehabilitation of disabled people adhere to the principle of putting people first and proceeding from reality, and implement the policy of putting prevention first and combining prevention with rehabilitation.
The state takes measures to provide basic rehabilitation services for disabled people and support and help them integrate into society. Discrimination on the basis of disability is prohibited.
Article 4 The people's governments at or above the county level shall lead the work of disability prevention and rehabilitation for the disabled, incorporate the work of disability prevention and rehabilitation for the disabled into the national economic and social development plan, improve the service guarantee system for disability prevention and rehabilitation for the disabled, establish the working mechanism of government-led, departmental cooperation and social participation, implement the work responsibility system, and assess and supervise the work of disability prevention and rehabilitation undertaken by relevant departments. Township people's governments and sub-district offices shall, according to the actual situation in the region, organize the work of disability prevention and rehabilitation for the disabled.
The people's governments at or above the county level shall be responsible for the organization, implementation and supervision of disability prevention and rehabilitation of the disabled. The relevant departments of the people's governments at or above the county level shall, within the scope of their respective duties, do a good job in disability prevention and rehabilitation of the disabled.
Article 5 China Disabled Persons' Federation and its local organizations shall, in accordance with laws, regulations, articles of association or government entrustment, carry out disability prevention and rehabilitation for disabled persons.
Trade unions, the Communist Youth League, women's federations and the Red Cross should do a good job in disability prevention and rehabilitation of the disabled according to law.
Sixth state organs, social organizations, enterprises and institutions and urban and rural grassroots mass autonomous organizations should do a good job in the prevention of disabilities and rehabilitation of disabled people within their scope. Persons engaged in disability prevention and rehabilitation of disabled persons shall perform their duties according to law.
Article 7 All sectors of society should care for, support and participate in the cause of disability prevention and rehabilitation of the disabled.
The news media should actively carry out public welfare propaganda for disability prevention and rehabilitation of disabled people.
The state encourages and supports organizations and individuals to provide disability prevention and rehabilitation services for the disabled, donate the cause of disability prevention and rehabilitation for the disabled, and build related public welfare facilities.
Article 8 The State encourages scientific research and application of disability prevention and rehabilitation for the disabled, and improves the scientific and technical level of disability prevention and rehabilitation for the disabled.
The state encourages international exchanges and cooperation in the field of disability prevention and rehabilitation of the disabled.
Article 9 Organizations and individuals who have made remarkable achievements in disability prevention and rehabilitation of the disabled shall be commended and rewarded in accordance with relevant state regulations.
Chapter II Disability Prevention
Tenth disability prevention work should cover the whole population and the whole life cycle, based on the community and family, and adhere to the combination of universal prevention and key prevention.
Eleventh people's governments at or above the county level shall organize relevant departments and disabled persons' federations to carry out the following disability prevention work:
(a) the implementation of disability monitoring, regular disability surveys, analysis of the causes of disability, genetic, disease, drugs, accidents and other major disabling factors to implement dynamic monitoring;
(two) the formulation and implementation of disability prevention work plan, focusing on the prevention of major disability factors, giving priority to the protection of areas, people, industries and units with high risk of disability;
(three) do a good job in the publicity and education of disability prevention, and popularize the knowledge of disability prevention.
Article 12 When carrying out pre-pregnancy and prenatal care, prenatal screening, prenatal diagnosis, neonatal disease screening, prevention and treatment of infectious diseases, endemic diseases, chronic diseases and mental diseases, and psychological health care guidance, the health authorities should do a good job in disability prevention, take corresponding measures to eliminate or reduce the risk of disability, strengthen early clinical rehabilitation intervention, and reduce the occurrence of disability.
Public security, production safety supervision and management, food safety supervision and management, drug supervision and management, ecological environment, disaster prevention, mitigation and relief departments should take corresponding measures in traffic safety, production safety, food safety, drug safety, ecological environment protection, disaster prevention, mitigation and relief, etc. to reduce the occurrence of disability.
Thirteenth the State Council health, education, civil affairs and other relevant departments and the China Disabled Persons' Federation shall collect and summarize the information of disabled persons performing their duties, so as to realize information sharing.
Fourteenth medical and health institutions that undertake the screening and diagnosis of neonatal diseases and minors' disabilities shall, in accordance with the provisions, report the information of minors' disabilities and disabling diseases to the health authorities of the local people's governments at the county level. The competent health department that receives the report shall share relevant information with the Disabled Persons' Federation in a timely manner in accordance with the regulations, and cooperate with the organization to carry out early intervention.
Fifteenth employers with high risk of disability should provide employees with disability prevention knowledge training, inform them of the disability risks in their workplaces and posts, take protective measures and provide protective facilities and supplies.
Article 16 The State encourages citizens to learn the knowledge and skills of disability prevention, and to improve their awareness and ability of self-protection.
Guardians of minors shall ensure that minors receive timely screening for diseases and disabilities provided by the government free of charge, and strive to make minors with birth defects or disabled diseases receive timely treatment and rehabilitation services. Guardians or family members of minors and the elderly should enhance their awareness of disability prevention and take targeted disability prevention measures.
Chapter III Rehabilitation Services
Article 17 People's governments at or above the county level shall organize health, education, civil affairs departments and disabled persons' federations, integrate institutions (hereinafter referred to as rehabilitation institutions), facilities and personnel engaged in rehabilitation services for the disabled, rationally allocate resources, establish and improve a rehabilitation service system for the disabled based on community rehabilitation, with rehabilitation institutions as the backbone and families of the disabled as the support, and provide comprehensive rehabilitation services focusing on practical, easy and beneficial rehabilitation contents for the disabled.
The people's governments at or above the county level shall give priority to the rehabilitation of disabled children and combine rehabilitation with education.
Article 18 The people's governments at or above the county level shall, according to the number, distribution and rehabilitation needs of the disabled within their respective administrative areas, formulate plans for the establishment of rehabilitation institutions, organize public welfare rehabilitation institutions, and incorporate the establishment of rehabilitation institutions into the basic public service system planning.
People's governments at or above the county level support social forces to invest in the construction of rehabilitation institutions and encourage the establishment of rehabilitation institutions in various forms.
Rehabilitation institutions run by social forces and those run by the government implement the same policies in terms of access, practice, professional title evaluation of professional and technical personnel, financial support of non-profit organizations, and government purchase of services.
Nineteenth rehabilitation institutions should have service places that meet the requirements of barrier-free environment construction and professional and technical personnel, facilities and equipment that are suitable for the rehabilitation services provided, and establish and improve the management system of rehabilitation services.
Rehabilitation institutions shall provide safe and effective rehabilitation services for the disabled in accordance with relevant laws, regulations, standards and norms. Encourage rehabilitation institutions to provide rehabilitation business guidance and technical support to communities, schools and families in the region.
The construction standards, service standards and management measures 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 people's governments at or above the county level shall, according to their respective responsibilities, strengthen the supervision and management of rehabilitation institutions. The Federation of Disabled Persons shall collect and publish information on rehabilitation institutions in a timely manner to provide convenience for disabled persons to receive rehabilitation services, and all relevant departments shall support them. The Federation of Disabled Persons is entrusted by the government to supervise rehabilitation institutions and the quality of their services.
Twentieth people's governments at all levels should incorporate the community rehabilitation of the disabled into the community public service system.
The relevant departments of the people's governments at or above the county level and the Federation of Disabled Persons shall, according to the number, types and rehabilitation needs of the disabled in the community, use community resources to set up rehabilitation places, or entrust social organizations to carry out community rehabilitation work such as rehabilitation guidance, daily living ability training, rehabilitation nursing, assistive devices configuration, information consultation, knowledge popularization and referral.
Urban and rural grassroots mass autonomous organizations should encourage and support disabled people and their families to participate in community rehabilitation activities and integrate into community life.
Twenty-first to provide rehabilitation services for the disabled, the needs of the disabled for health, daily activities and social participation should be evaluated. , according to the evaluation results to develop personalized rehabilitation programs, and according to the implementation of the adjustment and optimization of rehabilitation programs. The formulation and implementation of rehabilitation programs should fully listen to and respect the opinions of the disabled and their families, and inform them of the detailed information of rehabilitation measures.
The provision of rehabilitation services for the disabled shall protect their privacy and shall not discriminate against or insult them.
Twenty-second personnel engaged in rehabilitation services for the disabled should have a humanitarian spirit, abide by professional ethics, learn and master the necessary professional knowledge and skills and be skilled in using them; If relevant laws and administrative regulations require corresponding qualifications, they shall also obtain corresponding qualifications according to law.
Twenty-third rehabilitation institutions should conduct on-the-job training for their staff, organize the study of rehabilitation professional knowledge and skills, and improve their professional level and service ability.
Article 24 People's governments at all levels and relevant departments of people's governments at or above the county level, disabled persons' federations and rehabilitation institutions shall provide convenient conditions for disabled persons and their families to learn and master rehabilitation knowledge and skills, guide disabled persons to actively participate in rehabilitation activities, and their families shall give support and help.
Chapter IV Safeguard Measures
Twenty-fifth people's governments at all levels shall, in accordance with the relevant provisions of social insurance, include the disabled in the basic medical insurance coverage and pay the medical rehabilitation expenses included in the basic medical insurance payment scope; In accordance with the relevant provisions of medical assistance, the disabled with financial difficulties in their families are subsidized to participate in basic medical insurance, and medical assistance is given to those who still have difficulties in paying medical expenses through basic medical insurance, serious illness insurance and other supplementary medical insurance.
Article 26 The State shall establish a system of rehabilitation and assistance for disabled children, and gradually realize that children aged 0-6 with vision, hearing, speech, limbs, intelligence and autism will receive free services such as surgery, assistive devices and rehabilitation training. Improve the nursing subsidy system for severely disabled people; Through the implementation of key rehabilitation projects, we will provide basic rehabilitation services for severely disabled people in urban and rural areas, and subsidize the allocation of basic assistive devices in accordance with relevant state regulations. Specific measures shall be formulated by the relevant departments of the State Council in consultation with the China Disabled Persons' Federation according to the level of economic and social development and the rehabilitation needs of the disabled.
The state raises funds for the rehabilitation of the disabled through various channels, and encourages and guides social forces to help the disabled receive rehabilitation services through charitable donations. The industrial injury insurance fund and the employment security fund for the disabled are used for the rehabilitation of the disabled in accordance with the relevant provisions of the state.
Conditional areas should improve the security standards and expand the scope of protection according to local conditions, and implement rehabilitation security measures higher than those stipulated by the state for disabled people.
Twenty-seventh people's governments at all levels shall, according to the needs of disability prevention and rehabilitation of the disabled, include the funds for disability prevention and rehabilitation of the disabled in the financial budget of the government at the corresponding level.
Institutions engaged in disability prevention and rehabilitation services for the disabled enjoy relevant preferential tax policies according to law. The relevant departments of the people's governments at or above the county level shall give support to the relevant institutions in terms of funds, facilities, equipment and land use.
Article 28 The State shall strengthen the training of professionals in disability prevention and rehabilitation of the disabled; Encourage and support institutions of higher learning and vocational schools to set up majors or courses related to disability prevention and rehabilitation of the disabled, and train professional and technical personnel.
The health and education departments of the people's governments at or above the county level shall incorporate the knowledge and skills of disability prevention and rehabilitation of disabled persons into the continuing education of health, education and other related professional and technical personnel.
Twenty-ninth the State Council human resources and social security department shall, in conjunction with the relevant departments of the State Council and the China Disabled Persons' Federation, improve the professional skills evaluation system for professional and technical personnel of disability prevention and rehabilitation according to the needs of disability prevention and rehabilitation.
Thirtieth people's governments at or above the provincial level and their relevant departments shall actively support the research and development, popularization and application of assistive devices.
Research, development and production units of assistive devices shall enjoy relevant preferential tax policies according to law.
Thirty-first people's governments at all levels and the relevant departments of the people's governments at or above the county level shall, in accordance with the relevant provisions of the state, ensure the treatment of disabled prevention and rehabilitation workers. The human resources and social security departments of the people's governments at or above the county level shall give preferential treatment to disabled prevention and rehabilitation workers in training, further study, recognition and reward.
Chapter V Legal Liability
Article 32 Where the local people's governments at all levels and the relevant departments of the people's governments at or above the county level fail to perform their duties of disability prevention and rehabilitation for the disabled in accordance with the provisions of these Regulations, or abuse their powers, neglect their duties or engage in malpractices for selfish ends, the responsible leaders and persons directly responsible shall be punished according to law.
Disabled persons' federations at all levels, in violation of the provisions of these regulations, shall be punished according to law for the responsible leaders and persons directly responsible.
Thirty-third medical and health institutions, rehabilitation institutions and their staff did not carry out disability prevention and rehabilitation work in accordance with the provisions of these regulations, the relevant competent departments shall be ordered to correct and give a warning according to their respective responsibilities; If the circumstances are serious, it shall be ordered to suspend relevant practice activities, and the responsible leaders and persons directly responsible shall be punished according to law.
Article 34 If an employer with high risk of disability fails to fulfill the obligation of disability prevention as stipulated in Article 15 of these regulations and violates the provisions of laws and administrative regulations such as safety in production and prevention of occupational diseases, it shall be punished in accordance with the provisions of relevant laws and administrative regulations; Where there are no provisions in relevant laws and administrative regulations, the relevant competent departments shall, according to their respective duties, order them to make corrections and give them a warning; Refuses to correct, shall be ordered to suspend production and business for rectification. The employing unit shall also undertake the obligations of treatment and guarantee according to law.
Thirty-fifth in violation of the provisions of this Ordinance, which constitutes a crime, shall be investigated for criminal responsibility according to law; Those who cause personal or property losses shall be liable for compensation according to law.
Chapter VI Supplementary Provisions
Article 36 These Regulations shall come into force on July 0, 2065438.