"Medical necessity" refers to the situation that it is necessary to identify the sex of the fetus in order to diagnose sex-linked genetic diseases. Fourth provincial health and family planning administrative departments shall formulate the management system for pregnant women to use ultrasonic diagnostic equipment, chromosome detection and other technologies, and organize regular inspections.
Medical and health institutions and family planning service institutions shall strictly implement the management system and be responsible for the education and management of relevant technical personnel. Relevant workplaces should have eye-catching signs prohibiting illegal identification of fetal sex. Article 5 Medical technicians and family planning service personnel shall strictly abide by the management system of using ultrasonic diagnostic apparatus, chromosome detection and other technologies, and refuse the requirement of identifying the sex of the fetus for non-medical needs.
Pregnant women and their relatives shall not violate the requirements of these regulations to identify the sex of the fetus. Article 6 Medical and health care institutions and family planning service institutions shall know the reasons why pregnant women terminate their pregnancy by themselves. If it is found that the identification of fetal sex violates the law and requires the termination of pregnancy, it shall be rejected and the family planning administrative department shall be informed.
If a pregnant woman terminates her pregnancy after illegally identifying the sex of the fetus, the family planning administrative department shall, according to different circumstances, suspend the arrangement for giving birth to the first child or stop taking care of the second child. Seventh citizens have the right to report and expose the illegal acts of identifying the sex of the fetus to the local family planning administrative department. The local family planning administrative department shall reward the whistleblower and keep it confidential. Eighth medical technicians and family planning service personnel who illegally identify the sex of the fetus shall be given administrative sanctions by the administrative department of health and family planning; If the circumstances are serious, the practice qualification shall be cancelled according to law; Whoever accepts bribes and constitutes a crime shall be investigated for criminal responsibility according to law.
Individual clinics and other personnel illegally identify the sex of the fetus, or provide places and equipment for the illegal identification of the sex of the fetus, the administrative department of health shall confiscate the illegal income and equipment, cancel the practice license of the individual clinic according to law, and impose a fine of 5000 yuan to 20000 yuan; If the circumstances of disturbing social order are serious, criminal responsibility shall be investigated according to law.
Medical and health institutions and family planning service institutions illegally identify the sex of the fetus due to poor management, and shall be fined between 5,000 yuan and 20,000 yuan by the administrative department of health and family planning, and the person in charge of the institution shall be given administrative sanctions. Article 9 These Provisions shall come into force as of July 2006 1996.