Law of the People's Republic of China on Basic Medical Hygiene and Health Promotion
(Adopted at the 15th meeting of the Standing Committee of the 13th National People's Congress on December 28, 2019)
Chapter 1 General
Article 1 In order to develop medical and health care and health undertakings, guarantee citizens to enjoy basic medical and health services, improve citizens' health, and promote the construction of a healthy China, this Law is enacted in accordance with the Constitution.
Article 2 This law is applicable to medical and health care, health promotion and supervision and management activities.
Article 3 Medical and health care and health undertakings should adhere to the people as the center and serve the people's health.
The medical and health undertakings should adhere to the principle of public welfare.
Article 4 The state and society respect and protect citizens' right to health.
The state implements the Healthy China Strategy, popularizes healthy life, optimizes health services, improves health guarantees, builds a healthy environment, develops healthy industries, and improves the health of citizens throughout their life cycle.
The state establishes a health education system to guarantee citizens ’right to health education and improve citizens’ health literacy.
Article 5 Citizens have the right to basic medical and health services from the state and society according to law.
The state establishes a basic medical and health system, establishes and improves a medical and health service system, and protects and realizes citizens ’right to basic medical and health services.
Article 6: People's governments at all levels should give priority to the development of people's health, integrate health concepts into various policies, insist on prevention, improve the health promotion work system, organize the implementation of health promotion plans and actions, and promote national fitness To establish a health impact assessment system and incorporate the improvement of citizens ’main health indicators into the government ’s target responsibility assessment.
The whole society should be concerned about and support the development of medical and health services.
Article 7 The State Council and local people's governments at all levels lead the medical and health promotion work.
The State Council department in charge of health care is responsible for coordinating and coordinating national health care and health promotion. Other relevant departments of the State Council are responsible for relevant medical and health and health promotion work within their respective responsibilities.
The competent health department of the local people's government at or above the county level is responsible for coordinating and coordinating the medical and health and health promotion work in the administrative area. Other relevant departments of the local people's government at or above the county level are responsible for relevant medical and health promotion activities within their respective responsibilities.
Article 8 The state strengthens medical basic scientific research, encourages medical science and technology innovation, supports the development of clinical medicine, promotes the transformation and application of medical science and technology achievements, promotes the integrated development of medical health and information technology, promotes suitable medical and health technologies, and improves the quality of medical and health services .
The country develops medical education, improves the medical education system that meets the needs of the development of medical and health undertakings, and vigorously cultivates medical and health personnel.
Article 9 The state vigorously develops the cause of traditional Chinese medicine, adheres to the combination of equal emphasis on traditional and western medicine, inheritance and innovation, and exerts the unique role of traditional Chinese medicine in medical and health care.
Article 10 The state rationally plans and allocates medical and health resources, focuses on the grassroots level, and adopts a variety of measures to give priority to supporting the development of medical and health institutions below the county level to improve their medical and health service capabilities.
Article 11 The State has increased financial investment in health care and health undertakings, focusing on supporting old revolutionary bases, ethnic areas, border areas, and economically underdeveloped areas to develop health care and health undertakings by increasing transfer payments.
Article 12 The State encourages and supports citizens, legal persons and other organizations to participate in medical and health care and health through legally organized institutions and donations and funding to meet the diverse, differentiated and personalized health needs of citizens.
Citizens, legal persons and other organizations donating property for medical and health and health undertakings shall enjoy tax benefits according to law.
Article 13 Recommend and reward organizations and individuals who have made outstanding contributions in medical and health services in accordance with state regulations.
Article 14 The state encourages and supports foreign exchanges and cooperation in the fields of medical care and health promotion.
Carrying out medical and health promotion and foreign exchange and cooperation activities should abide by laws and regulations, and safeguard national sovereignty, security, and public interests.
Chapter 2 Basic medical and health services
Article 15 Basic medical and health services refer to disease prevention, diagnosis, treatment, and care provided by suitable medicines, suitable technologies, and suitable equipment, which are necessary for maintaining human health, are compatible with the level of economic and social development, and are equitable to citizens And rehabilitation services.
Basic medical and health services include basic public health services and basic medical services. Basic public health services are provided free of charge by the state.
Article 16 The state takes measures to ensure that citizens enjoy safe and effective basic public health services, control the risk factors that affect health, and improve the level of disease prevention and control.
National basic public health service projects are jointly determined by the health department of the State Council in conjunction with the financial department of the State Council and the competent department of Chinese medicine.
People's governments of provinces, autonomous regions, and municipalities directly under the Central Government may supplement and determine the basic public health service items of their respective administrative regions on the basis of national basic public health service items, and report to the State Council's competent health department for the record.
Article 17 The State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may include services targeted at key regions, key diseases, and specific groups of people into basic public health services and organize their implementation.
The local people's governments at or above the county level carry out special prevention and control work for major diseases and major health risk factors in their administrative areas.
Article 18 People's governments at or above the county level provide basic public health services by organizing professional public health institutions, grassroots medical and health institutions and hospitals, or by purchasing services from other medical and health institutions.
Article 19 The state establishes and improves the emergency health emergency response system, formulates and improves emergency plans, organizes and conducts emergency medical treatment, hygienic investigation and disposal, psychological assistance and other health emergency work to effectively control and eliminate hazards.
Article 20 The state establishes an infectious disease prevention and control system, formulates and implements infectious disease prevention and control plans, strengthens infectious disease monitoring and early warning, insists on prevention first, combines prevention with prevention, joint prevention joint control, group prevention and group control, source prevention and control, and comprehensive governance , Block transmission routes, protect susceptible people, and reduce the hazards of infectious diseases.
Any organization and individual should accept and cooperate with medical and health institutions to carry out investigations, inspections, sample collection, isolation treatment, medical observation and other measures taken by law to prevent, control, and eliminate the hazards of infectious diseases.
Article 21 The state implements a vaccination system to strengthen immunization planning. Residents have the right and obligation to vaccinate against immunization plans according to law. The government provides free immunization program vaccines to residents.
Article 22 The state establishes a chronic non-communicable disease prevention and control system, carries out monitoring, investigation and comprehensive prevention and control interventions on chronic non-communicable diseases and their risk factors, and timely discovers high-risk groups for patients and high-risk groups Provide services such as diagnosis and treatment, early intervention, follow-up management and health education.
Article 23 The state strengthens occupational health protection. The people's governments at or above the county level shall formulate plans for the prevention and treatment of occupational diseases, establish and improve occupational health work mechanisms, strengthen occupational health supervision and management, and improve the comprehensive prevention and control capabilities and levels of occupational diseases.
The employer should control the occupational hazards, adopt comprehensive management measures such as engineering technology, personal protection and health management to improve the working environment and working conditions.
Article 24 The state develops maternal and child health services, establishes and improves the maternal and child health service system, provides health care for women and children, and provides services for the prevention and treatment of common diseases to ensure the health of women and children.
The state takes measures to provide citizens with pre-marital health care, maternal health care and other services to promote reproductive health and prevent birth defects.
Article 25 The state develops health care for the elderly. The State Council and the people ’s governments of provinces, autonomous regions, and municipalities directly under the Central Government shall include the health management of the elderly and the prevention of common diseases into basic public health services.
Article 26 The state develops the cause of disability prevention and rehabilitation of disabled persons, improves the system of prevention and rehabilitation of disabled persons and guarantees for them, and adopts measures to provide basic rehabilitation services for disabled persons.
People's governments at or above the county level should give priority to the rehabilitation of disabled children and implement a combination of rehabilitation and education.
Article 27 The state establishes and improves the pre-hospital emergency system to provide timely, standardized and effective first-aid services for critically ill patients.
The relevant health departments, the Red Cross and other relevant departments and organizations should actively carry out first aid training, popularize first aid knowledge, and encourage medical and health personnel and personnel trained in first aid to actively participate in first aid services in public places. Public places should be equipped with necessary first aid equipment and facilities in accordance with regulations.
Emergency centers (stations) shall not refuse or delay the provision of emergency services for critically ill patients on the grounds of non-payment.
Article 28 The state develops mental health services, builds and improves the mental health service system, maintains and improves the mental health of citizens, and prevents and treats mental disorders.
The state takes measures to strengthen the mental health service system and talent team building, promote the effective connection of mental health education, psychological assessment, psychological counseling and psychotherapy services, establish a psychological assistance hotline for public welfare services, and strengthen minors and disabled people And mental health services for key populations such as the elderly.
Article 29 Basic medical services are mainly provided by medical and health institutions organized by the government. Encourage social forces to provide basic medical services.
Article 30 The state promotes the implementation of a graded diagnosis and treatment system for basic medical services, guides non-emergency patients to go to the primary-level medical and health institutions first, implements the system of responsibility for the first diagnosis and the responsibility for referral review, and gradually establishes the primary diagnosis, two-way transfer, and anxiety. Divide and conquer, up and down linkage mechanism, and link with the basic medical insurance system.
The local people's government at or above the county level integrates the medical and health resources organized by the government in the region according to the medical and health needs of the administrative region, and establishes a cooperative medical service cooperation mechanism such as a medical consortium according to local conditions. Encourage medical and health institutions organized by social forces to participate in the medical service cooperation mechanism.
Article 31 The state promotes the implementation of family doctor contracting services by the primary medical and health institutions, establishes a family doctor service team, and signs agreements with residents to provide basic medical and health services based on the residents' health status and medical needs.
Article 32 Citizens receive medical and health services, and have the right to informed consent in accordance with law on medical conditions, diagnosis and treatment plans, medical risks, and medical expenses.
If operations, special examinations, and special treatments are required, the medical and health personnel should promptly explain to the patient the medical risks, alternative medical plans, etc., and obtain their consent; if it is impossible or inappropriate to explain to the patient, it should explain to the patient's close relatives, and Obtain its consent. If the law provides otherwise, the provisions shall be followed.
Carrying out clinical trials of drugs and medical devices and other medical research should abide by medical ethics, pass ethical review in accordance with law, and obtain informed consent.
Article 33 Citizens receiving medical and health services should be respected. Medical and health institutions and medical and health personnel should care for and treat patients equally, respect the personal dignity of patients, and protect the privacy of patients.
Citizens receiving medical and health services should abide by the diagnosis and treatment system and the order of medical and health services, and respect medical and health personnel.
Chapter III Medical and health institutions
Article 34 The state establishes and improves an urban-rural full-coverage, complementary functions and continuous coordination medical and health service system composed of grass-roots medical and health institutions, hospitals, and professional public health institutions.
The state strengthens the construction of county-level hospitals, township health centers, village clinics, community health service centers (stations) and professional public health institutions, and establishes and improves rural medical and health service networks and urban community health service networks.
Article 35 Basic medical and health institutions mainly provide prevention, health care, health education, disease management, establish health records for residents, diagnosis and treatment of common diseases, frequently-occurring diseases, and rehabilitation and nursing of some diseases, receive referrals from hospitals, and refer to hospitals Referral to basic medical and health services such as patients who exceed their service capabilities.
The hospital mainly provides diagnosis and treatment of diseases, especially the diagnosis and treatment of acute, critical and difficult diseases, medical treatment and rescue of emergencies, and health education. It also carries out medical education, medical staff training, medical scientific research and basic health care. Institutional business guidance and other work.
Professional public health institutions mainly provide infectious diseases, chronic non-communicable diseases, occupational diseases, endemic diseases and other disease prevention and control and health education, maternal and child health care, mental health, pre-hospital emergency, blood collection and supply, food safety risk monitoring and evaluation, birth defect prevention and other public Health services.
Article 36 Medical and health institutions at all levels should divide and cooperate to provide citizens with a full range of full-cycle medical and health services such as prevention, health care, treatment, nursing, rehabilitation, and tranquility.
People's governments at all levels have taken measures to support medical and health institutions and pension institutions, child welfare institutions, and community organizations to establish collaborative mechanisms to provide safe and convenient medical and health services for the elderly and orphans and disabled children.
Article 37 People's governments at or above the county level should formulate and implement plans for medical and health service systems, scientifically allocate medical and health resources, and organize medical and health institutions to provide citizens with access to basic medical and health services.
The government holds medical and health institutions, it should consider the situation of the population, economic and social development status, medical and health resources, health risk factors, morbidity, prevalence rate and emergency treatment needs of the administrative region.
Article 38 The establishment of a medical institution shall meet the following conditions, and shall go through the examination and approval or filing procedures in accordance with relevant state regulations:
(1) Having a name, organization and place that meet the regulations;
(2) There are funds, facilities, equipment and medical and health personnel suitable for the business they carry out;
(3) There are corresponding rules and regulations;
(4) Being able to independently bear civil liability;
(5) Other conditions stipulated by laws and administrative regulations.
Medical institutions obtain a license to practice according to law. It is forbidden to forge, alter, trade, rent, or lend a medical institution's license to practice.
The specific conditions and configuration of various types of medical and health institutions at all levels should meet the standards of medical and health institutions formulated by the State Council's competent health department.
Article 39 The state implements classified management of medical and health institutions.
The medical and health service system adheres to the non-profit medical and health institutions as the main body, and the profitable medical and health institutions as the supplement. The government organizes non-profit medical and health institutions to play a leading role in the basic medical and health undertakings to ensure that the basic medical and health services are fair and accessible.
Medical institutions that are sponsored by government funds or donated assets or participate in the establishment shall not be established as for-profit medical institutions.
Medical and health institutions are not allowed to rent out or contract medical departments. Non-profit medical and health institutions shall not distribute or distribute profits to investors or sponsors in disguised form.
Article 40 Medical and health institutions organized by the government shall adhere to the nature of public welfare, all revenues and expenditures shall be included in budget management, and shall be reasonably set and controlled in accordance with the plan of the medical and health service system.
The state encourages the government-organized medical and health institutions to cooperate with social forces