Article 2 The state develops maternal and infant health care and provides necessary conditions and material assistance for mothers and babies to obtain medical and health care services.
The state supports maternal and child health care in remote and poor areas.
Article 3 People's governments at all levels shall lead the work of maternal and infant health care.
Maternal and child health care should be included in the national economic and social development plan.
Article 4 The health administrative department of the State Council shall be in charge of the national maternal and infant health care work, put forward the classification guiding principles according to the situation in different regions, and supervise and manage the national maternal and infant health care work.
Other relevant departments in the State Council shall, within the scope of their respective duties, cooperate with the administrative department of health to do a good job in maternal and infant health care.
Article 5 The State encourages and supports education and scientific research in the field of maternal and infant health care, popularizes advanced and practical maternal and infant health care technologies, and popularizes scientific knowledge of maternal and infant health care.
Article 6 Organizations and individuals who have made remarkable achievements in maternal and infant health care work and scientific research on maternal and infant health care shall be rewarded. Article 7 Medical and health institutions shall provide premarital health care services for citizens.
Pre-marital health care services include the following:
(1) Premarital health guidance: education on sexual health knowledge, fertility knowledge and genetic diseases;
(2) Premarital health consultation: providing medical advice on issues related to marriage and reproductive health care;
(3) Pre-marital medical examination: medical examination for both men and women who are preparing to get married who may have diseases that affect marriage and childbearing.
Article 8 Pre-marital medical examination includes the examination of the following diseases:
(1) Serious hereditary diseases;
(2) Designated infectious diseases;
(3) mental illness.
After the premarital medical examination, the medical and health institution shall issue a certificate of premarital medical examination.
Article 9 After pre-marital medical examination, doctors should give medical advice to those suffering from infectious diseases designated in the infectious period or mental diseases related to the onset period; Both men and women who are going to get married should postpone marriage.
Article 10 After pre-marital medical examination, doctors should explain the situation to both men and women and give medical advice to those diagnosed with serious genetic diseases that are medically unsuitable for childbearing; With the consent of both men and women, those who have no children after taking long-term contraceptive measures or ligation can get married. However, the Marriage Law of the People's Republic of China prohibits marriage.
Article 11 Persons who have received pre-marital medical examination may apply for medical technical appraisal and obtain a medical appraisal certificate if they disagree with the examination results.
Article 12 When registering for marriage, both men and women shall hold pre-marital medical examination or medical appraisal certificate.
Article 13 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate measures for the implementation of the premarital medical examination system according to the actual conditions in their respective regions.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall set reasonable standards for pre-marital medical examination fees, and give relief to people in remote and poor areas or those who have real difficulties in paying fees. Article 14 Medical and health institutions shall provide pregnant and puerperal health care services for women of childbearing age and pregnant women.
Maternal health care services include the following:
(a) Guidance on maternal and child health care: providing medical advice on the causes, treatment and prevention of pregnant healthy offspring and endemic diseases such as serious infectious diseases and iodine deficiency disorders;
(2) Maternal health care: providing consultation and guidance on health, nutrition, psychology and other medical care services for pregnant women, as well as regular prenatal examinations;
(3) Fetal health care: monitoring the growth and development of the fetus and providing consultation and medical guidance;
(4) Newborn health care: providing medical and health care services for the growth and development, breastfeeding and nursing of newborns.
Fifteenth medical and health institutions shall give medical guidance to those who suffer from serious diseases or contact with teratogenic substances, and pregnancy may endanger the life safety of pregnant women or may seriously affect the health of pregnant women and the normal development of the fetus.
Article 16 Doctors who discover or suspect that couples of childbearing age suffer from serious genetic diseases shall give medical advice. Couples of childbearing age should take corresponding measures according to the doctor's advice.
Article 17 If a doctor discovers or suspects that the fetus is abnormal after prenatal examination, he shall make a prenatal diagnosis for the pregnant woman.
Eighteenth prenatal diagnosis, one of the following circumstances, the doctor should explain the situation to both husband and wife, and put forward medical advice to terminate pregnancy:
(a) the fetus suffers from serious genetic diseases;
(2) The fetus has serious defects;
(3) Continued pregnancy may endanger the life safety or seriously endanger the health of pregnant women due to serious illness.
Article 19 Termination of pregnancy or vasectomy in accordance with the provisions of this Law shall be subject to the consent and signature of the parties concerned. If I am incompetent, I shall obtain the consent of my guardian and sign an opinion.
Those who perform pregnancy termination or ligation in accordance with the provisions of this law shall receive services free of charge.
Article 20 Before a woman who has given birth to a seriously defective child becomes pregnant again, both husband and wife should go to a medical and health institution at or above the county level for medical examination.
Twenty-first doctors and midwives should strictly abide by the relevant operating rules, improve midwifery technology and service quality, and prevent and reduce birth injuries.
Twenty-second pregnant women who cannot give birth in hospital shall be disinfected by trained and qualified midwives.
Twenty-third medical and health institutions and personnel engaged in home delivery shall, in accordance with the provisions of the administrative department of health of the State Council, issue a unified medical certificate of newborn birth; Maternal and infant deaths and birth defects of newborns shall be reported to the administrative department of health.
Article 24 Medical and health institutions shall provide pregnant women with guidance on scientific parenting, rational nutrition and breastfeeding.
Medical and health institutions carry out physical examination and vaccination for infants, and gradually carry out medical and health care services such as neonatal disease screening, prevention and treatment of frequently-occurring diseases and common diseases of infants. Twenty-fifth local people's governments at or above the county level may set up medical technical appraisal organizations to be responsible for medical technical appraisal that disagrees with the results of pre-marital medical examination, genetic disease diagnosis and prenatal diagnosis.
Twenty-sixth personnel engaged in medical technical appraisal must have clinical experience and medical genetics knowledge, and have professional and technical positions above the attending physician.
Members of the medical technical appraisal organization shall be nominated by the administrative department of health and appointed by the people's government at the same level.
Twenty-seventh medical technical appraisal to implement the avoidance system. Anyone who has an interest in the party concerned and may affect the impartial appraisal shall withdraw. Article 28 People's governments at all levels shall take measures to strengthen maternal and infant health care, improve the level of medical and health care services, actively prevent and control local high-incidence diseases that seriously endanger maternal and infant health due to environmental factors, and promote the development of maternal and infant health care.
Twenty-ninth health administrative departments of local people's governments at or above the county level shall administer the work of maternal and infant health care within their respective administrative areas.
Article 30 Medical and health institutions designated by the health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for maternal and infant health care monitoring and technical guidance within their respective administrative areas.
Article 31 Medical and health institutions shall, in accordance with the provisions of the administrative department of health of the State Council, be responsible for maternal and infant health care within the scope of their duties, formulate medical and health care standards, improve the level of medical technology, take various convenience measures, and do a good job in maternal and infant health care services.
Article 32 Medical and health institutions shall, in accordance with the provisions of this Law, carry out pre-marital medical examination, genetic disease diagnosis, prenatal diagnosis, ligation operation and pregnancy termination operation, and must meet the conditions and technical standards stipulated by the health administrative department of the State Council, and obtain the permission of the health administrative department of the local people's government at or above the county level.
It is forbidden to use technical means to identify the sex of the fetus unless it is medically necessary.
Article 33 Personnel engaged in the diagnosis of genetic diseases and prenatal diagnosis as stipulated in this Law must pass the examination by the health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and obtain corresponding qualification certificates.
Personnel engaged in pre-marital medical examination, ligation and termination of pregnancy as stipulated in this Law and those engaged in home delivery must pass the examination by the health administrative department of the local people's government at or above the county level and obtain corresponding qualification certificates.
Thirty-fourth personnel engaged in maternal and infant health care should strictly abide by professional ethics and keep secrets for the parties. Article 35 Whoever commits any of the following acts without obtaining the relevant qualification certificate issued by the state shall be stopped by the health administrative department of the local people's government at or above the county level, and may be given a warning or fined according to the circumstances:
(a) engaged in premarital medical examination, genetic disease diagnosis, prenatal diagnosis or medical technical appraisal;
(2) performing an operation to terminate pregnancy;
(3) to issue relevant medical certificates as stipulated in this Law.
The relevant medical certificates issued in Item (3) of the preceding paragraph are invalid.
Article 36. Those who perform pregnancy termination surgery or other methods without obtaining the relevant qualification certificate issued by the state, resulting in death, disability, loss or basic loss of working ability, shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.
Article 37 Where a person engaged in maternal and infant health care, in violation of the provisions of this Law, issues relevant false medical certificates or conducts fetal sex identification, the medical and health institution or the administrative department of health shall give administrative sanctions according to the circumstances; If the circumstances are serious, the practice qualification shall be cancelled according to law. Article 38 The meanings of the following terms in this Law:
Designated infectious diseases refer to AIDS, gonorrhea, syphilis, leprosy and other infectious diseases that are medically considered to affect marriage and childbearing as stipulated in the Law of People's Republic of China (PRC) on the Prevention and Control of Infectious Diseases.
Severe hereditary disease refers to the hereditary disease that is considered unsuitable to have children in medicine. Due to genetic factors, patients lose their independent living ability in whole or in part, and the risk of offspring reproduction is high.
Psychosis refers to schizophrenia, manic-depressive psychosis and other serious psychosis.
Prenatal diagnosis refers to the diagnosis of fetal congenital defects and hereditary diseases.
Article 39 This Law shall come into force as of June 2005 1995.