Home>>English>>Laws & Rules
Law of the People's Republic of China on the Promotion of Basic Medical and Health Care
time:2020-01-14 Source:PKU LAW  

Law of the People's Republic of China on the Promotion of Basic Medical and Health Care

 

Order of the President of the People's Republic of China
(No. 38)

 

The Law of the People's Republic of China on the Promotion of Basic Medical and Health Care, as adopted at the 15th session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on December 28, 2019, is hereby issued and shall come into force on June 1, 2020.
President of the People's Republic of China: Xi Jinping
December 28, 2019
Law of the People's Republic of China on the Promotion of Basic Medical and Health Care
(Adopted at the 15th session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on December 28, 2019)

 

 


Contents
Chapter I General Provisions
Chapter II Basic Medical Services
Chapter III Medical Institutions
Chapter IV Medical Personnel
Chapter V Guarantee for Supply of Drugs
Chapter VI Health Care Promotion
Chapter VII Funds Guarantee
Chapter VIII Supervision and Administration
Chapter IX Legal Liabilities
Chapter X Supplemental Provisions

 


Chapter I General Provisions
Article 1 This Law is developed for the purposes of developing the medical and health care cause, ensuring that citizens enjoy basic medical services, improving the health care level of citizens, and promoting the construction of healthy China according to the Constitution.
Article 2 The activities of promoting, supervising and managing medical and health care shall be governed by this Law.
Article 3 The medical and health care cause shall be people-oriented and serve the people's health.
The medical cause shall insist on the principle of public welfare.
Article 4 The state and society shall respect and protect citizens' right to health.
The state shall implement the strategy of healthy China, popularize healthy life, optimize health care services, improve health guarantee, create a sound environment, develop the health care industry, and enhance citizens' health level in the full life cycle.
The state shall establish a health education system to protect citizens' right to health education and improve citizens' level of health literacy.
Article 5 Citizens shall, in accordance with the law, enjoy the right to obtain basic medical services from the state and society.
The state shall establish a basic medical system, establish and improve the medical service system, and protect and realize citizens' right to obtain basic medical services.
Article 6 The people's governments at all levels shall put people's health at a strategic position of prior development, integrate the health concept into various policies, insist on focusing on prevention, improve the health care promotion work system, organize and implement the general plans and actions of health care promotion, promote national fitness, establish a health impact assessment system, and incorporate the improvement of the major health indicators of citizens into the government's target responsibility assessment.
The public shall jointly care for and support the development of the medical and health care cause.
Article 7 The State Council and the local people's governments at all levels shall lead the medical and health care promotion work.
The appropriate medical and health department under the State Council shall be responsible for the overall planning and coordination of the medical and health care promotion work across the country. Other relevant departments of the State Council shall, within the scope of their respective functions, be responsible for the the relevant medical and health care promotion work.
The appropriate medical and health departments of the local people's governments at or above the county level shall be responsible for the overall planning and coordination of the medical and health care promotion work within their respective administrative regions. Other relevant departments of the local people's governments at or above the county level shall, within the scope of their respective functions, be responsible for the relevant medical and health care promotion work.
Article 8 The state shall strengthen basic medical scientific research, encourage innovation on medical science and technology, support clinical medical development, promote the transformation of application of the medical scientific and technological achievements, advance the integrated development of medicine and information technology, promote the appropriate medical technologies, and improve the quality of medical services.
The state shall develop medical education, improve the medical education system that meets the needs of the development of the medical cause, and vigorously cultivate medical talents.
Article 9 The state shall vigorously develop the cause of traditional Chinese medicine, insist on attaching equal importance to traditional Chinese and western medicine and combining inheritance and innovation, and maximize the unique role of traditional Chinese medicine in the medical and health care cause.
Article 10 The state shall rationally plan and allocate medical resources, focus on the grass roots, adopt various measures to give priority to supporting the development of medical institutions below the county level, and improve their capacity of providing medical services.
Article 11 The state shall increase financial input in the medical and health care cause, and give priority to supporting the development of the medical and health care cause in the old revolutionary base areas, ethnic areas, border areas and economic less-developed areas by increasing transfer payments and other methods.
Article 12 The state shall encourage and support citizens, legal persons and other organizations to participate in the medical and health care cause, and meet citizens' diversified, differentiated and personalized health needs by forming institutions, donations, granting subsidies and other means according to the law.
Citizens, legal persons and other organizations that donate property for the medical and health care cause shall enjoy tax preference according to the law.
Article 13 The state shall commend and reward the organizations and individuals that have made outstanding contributions to the medical and health care cause according to the provisions of the state.
Article 14 The state shall encourage and support the foreign exchange and cooperation in the field of medical and health care promotion.
The foreign exchange and cooperation activities in medical and health care promotion shall be carried out in compliance with the laws and regulations, and by methods of protecting the national sovereignty, security and public interests.

 


Chapter II Basic Medical Services
Article 15 “Basic medical services” means disease prevention, diagnosis, treatment, nursing, rehabilitation and other services provided by adopting suitable drugs, appropriate technologies and suitable equipment that are necessary for the maintenance of human health, that are compatible with the economic and social development level, and that are equitably available to citizens.
Basic medical services include basic public health services and basic medical services. Basic public health services shall be provided by the state free of charge.
Article 16 The state shall adopt measures to ensure that citizens enjoy safe and effective basic public health services, control the risk factors affecting health, and improve the disease prevention and control level.
The national basic public health service items shall be jointly determined by the appropriate medical and health department under the State Council in conjunction with the appropriate departments of finance and traditional Chinese medicine under the State Council.
The people's governments of the provinces, autonomous regions and municipalities directly under the Central Government may, on the basis of the basic public health service items, determine the basic public health service items of the respective administrative regions in a supplementary manner and report to the appropriate medical and health department under the State Council for recordation.
Article 17 The State Council and the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government may include the contents of services for key areas, key diseases and specific groups of people in the basic public health service items and organize the implementation thereof.
The local people's governments at or above the county level shall carry out special prevention and control work according to the major diseases and major health risk factors in their respective administrative regions.
Article 18 The people's governments at or above the county level shall, by forming professional public health institutions, grassroots medical institutions and hospitals or purchasing services from other medical institutions, provide basic public health services.
Article 19 The state shall establish and improve a health emergency response system for emergencies, develop and improve the contingency plans, and organize and carry out medical rescue and treatment, health investigation and disposition, psychological assistance and other health emergency response work in response to emergencies, to effectively control and eliminate harms.
Article 20 The state shall establish a system for the prevention and control of infectious diseases, develop general plans for the prevention and control of infectious diseases and organize the implementation thereof, strengthen the monitoring and early warning of infectious diseases, insist on focusing on prevention and combining prevention and control, conduct joint prevention and control, mass prevention and control, prevention and control at the source and comprehensive governance, to block transmission routes, protect vulnerable populations, and reduce harms of infectious diseases.
Every entity and individual shall accept and cooperate with the investigation, inspection, specimen collection, treatment in isolation, medical observation and other measures taken by medical institutions according to the law to prevent, control and eliminate the harm of infectious diseases.
Article 21 The state shall implement the vaccination system and strengthen the immunization planning work. Residents shall have the right and obligation to be inoculated under the immunization program according to the law. The government shall provide vaccines in the immunization program for residents free of charge.
Article 22 The state shall establish a system for the prevention, control and management of chronic non-infectious diseases, conduct investigation into, monitoring, comprehensive prevention and control of and intervention in the chronic non-infectious diseases and pathogenic risk factors thereof, identify high-risk groups in a timely manner, and provide patients and high-risk groups with services such as diagnosis and treatment, early intervention, follow-up visit management and health education.
Article 23 The state shall strengthen occupational health protection. The people's governments at or above the county level shall develop occupational disease prevention and control plans, establish and improve the occupational health work mechanisms, strengthen occupational health supervision and management, and improve the comprehensive capacity and occupational diseases prevention and control level.
Employers shall control the harmful factors of occupational diseases, take comprehensive treatment measures such as engineering technology, individual protection and health management, and improve the work environment and working conditions.
Article 24 The state shall develop the maternal and child health care cause, establish and improve maternal and child health care service system, provide health care and common disease prevention and control services for women and children, to guarantee the health of women and children.
The state shall adopt measures to provide citizens with services such as pre-marital health care and maternal health care, promote reproductive health, and prevent birth defects.
Article 25 The state shall develop the cause of health care for senior citizens. The State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall incorporate health management of senior citizens and prevention of common diseases into the basic public health service items.
Article 26 The State shall develop the cause of disability prevention and recovery of the disabled, improve the system for the disability prevention and recovery of the disabled and the guarantee, and take measures to provide basic rehabilitation services for the disabled.
The people's governments at or above the county level shall give priority to carrying out the work of recovery of disabled children and combine recovery and education.
Article 27 The state shall establish and improve the pre-hospital emergency rescue system to provide timely, standardized and effective first aid services for patients suffering from emergencies, critical diseases, and severe diseases.
The appropriate medical and health departments, the Red Cross Society and other relevant departments shall actively carry out first-aid training, popularize first-aid knowledge, and encourage medical personnel and personnel that have received first-aid training to actively participate in first aid services in public places. Public places shall be equipped with necessary first aid equipment and facilities according to the provisions.
First aid centers (stations) shall not refuse to provide or delay in providing first aid services for patients suffering from emergencies, critical diseases, and severe diseases on the grounds of non-payment.
Article 28 The state shall develop the mental health cause, establish and improve a mental health service system, safeguard and enhance citizens' mental health, and prevent and treat mental disorders.
The state shall take measures to strengthen the construction of a mental health service system and talent teams, promote the effective connection of mental health education, psychological assessment, psychological counseling and psychological treatment services, set up a psychological assistance hotline for providing public welfare services, and improve the mental health services for minors, disabled persons, senior citizens and other key groups of people.
Article 29 Basic medical services shall mainly be provided by medical institutions founded by the government. Medical institutions founded by social forces shall be encouraged to provide basic medical services.
Article 30 The state shall promote the implementation of the hierarchical diagnosis and treatment system for basic medical services, direct non-emergency patients to firstly see doctors at grassroots medical institutions, implement the initial diagnosis accountability system and transferring diagnosis examination and accountability system, gradually establish a mechanism characterized by initial diagnosis by grassroots medical institutions, two-way transfer, separate treatment of acute and chronic diseases, and linkage between upper and lower levels, and be connected with the basic medical insurance system.
The local people's governments at or above the county level shall, on the basis of the medical needs within their respective administrative regions, integrate the government-run medical resources within the regions, and establish a medical service cooperative mechanism characterized by coordination and cooperation of medical consortiums in light of local circumstances. Medical institutions founded by social forces shall be encouraged to participate in the medical services cooperative mechanism.
Article 31 The state shall promote the provision of family doctor contracting services by grassroots medical institutions, form family doctor service teams, enter into agreements with residents, and provide basic medical services according to residents' health conditions and medical needs.
Article 32 When receiving medical services, citizens shall have the right to informed consent for the illness, diagnosis and treatment plans, medical risks, medical expenses and other matters according to the law.
Where surgery, special check and special treatment need to be conducted, medical personnel shall explain the medical risks, alternative medical plans and other situations to patients in a timely manner, and obtain their consent; and where it is unable or inappropriate to make explanation to a patient, explanation shall be made to the close relatives of the patient, and consent thereof shall be obtained, except as otherwise prescribed in the laws and regulations.
Clinical experiments and other medical research of drugs and medical devices shall comply with the medical ethics and specifications, pass ethical review according to the law, and obtain informed consent.
Article 33 Citizens receiving medical services shall be respected. Medical institutions and medical personnel shall care for and treat patients equally, respect patients' personal dignity and protect patients' privacy.
Citizens shall, when receiving medical services, comply with the rules on diagnosis and treatment, maintain the order of medical services, and respect medical personnel.

 

Chapter III Medical Institutions
Article 34 The state shall establish and improve the medical service system that is composed of grassroots medical institutions, hospitals and professional public health institutions, among others, and that completely covers urban and rural areas, and under which components complement with each other in functions and continuously cooperate with each other.
The state shall strengthen the construction of county-level hospitals, township health centers, village health rooms, community health service centers (stations), and professional public health institutions, among others, and establish and improve the rural medical service networks and urban community health service networks.
Article 35 Grassroots medical institutions shall mainly provide prevention, health care, health education, and disease management, create health files for residents, diagnosis and treatment of common diseases and frequently-occurring diseases, and rehabilitation and nursing of some diseases, receive patients transferred from hospitals, transfer patients beyond their service capacity to hospitals, and provide other basic medical services.
Hospitals shall mainly provide diagnosis and treatment of diseases, especially diagnosis and treatment of severe acute diseases and difficult and complicated diseases, medical treatment and rescue of emergencies, health education, and other medical services, and carry out medical education, training of medical personnel, medical scientific research, business guidance for grassroots medical institutions, and other work.
Professional public health care institutions shall mainly provide prevention and control, health education, maternal and child health care, mental health care, pre-hospital first aid, blood collection and supply, food safety risk monitoring and assessment, birth defect prevention and treatment, and other public health services for infectious diseases, chronic non-infectious diseases, occupational diseases, endemic diseases and other diseases.
Article 36 Various medical institutions at all levels shall divide responsibilities and cooperate with each other, and provide citizens with prevention, health care, treatment, nursing, rehabilitation, hospice care, and other comprehensive lifelong medical services.
The people's governments at all levels shall take measures to support medical institutions, pension agencies, child welfare institutions and community organizations in establishing the cooperation mechanisms, to provide safe and convenient medical and health care services for senior citizens, and orphans and children with disabilities.
Article 37 The people's governments at or above the county level shall develop and implement the plans for the medical service system, scientifically allocate medical resources, form medical institutions, and provide guarantee for citizens' access to the basic medical services.
To form medical institutions, governments shall consider the populations, economic and social development status, medical resources, health risk factors, morbidity, prevalence rate and emergency treatment needs, among others, within their respective administrative regions.
Article 38 For the formation of a medical institution, the following conditions shall be met, and the examination and approval or recordation formalities shall be undergone in accordance with the relevant provisions of the state:
(1) It has a name, governing body and premise in compliance with the provisions.
(2) It has funds, facilities, equipment and medical personnel compatible with the business carried out.
(3) It has corresponding rules and regulations.
(4) It is able to independently assume civil responsibilities.
(5) Other conditions as proscribed by the laws or administrative regulations.
Medical institutions have obtained a practicing license according to the law. It is prohibited to forge, alter, sell or buy, lease or lend any Practicing License for a Medical Institution.
The specific conditions and configurations of various medical institutions at all levels shall comply with the standards for medical institutions developed by the appropriate medical and health department under the State Council.
Article 39 The state shall conduct classified administration of medical institutions.
The medical service system shall insist on non-for-profit medical institutions as the principal parts and for-profit medical institutions as the supplements. The non-for-profit medical institutions founded by governments shall play a leading role in the basic medical cause and guarantee that the basic medical services are fair and available.
A medical institution formed with government funds or donated assets, in whole or in part, shall not be formed as a for-profit medical institution.
A medical institution shall not conduct external leasing or contracting of any medical department. A non-for-profit medical institution shall not allocate revenues or allocate revenues in a disguised manner to any contributor or founder.
Article 40 Medical institutions founded by the government shall insist on the nature of public welfare, incorporate all revenues and expenditures into the budget management, and rationally set and control the scale according to the plan for the medical service system.
The state shall encourage the medical institutions founded by the government to cooperate with social forces to form non-for-profit medical institutions.
A medical institution founded by the government shall neither invest in or form any medical institution with non-independent legal person qualification with any other organization, nor cooperate with any private investor to form any for-profit medical institution.
Article 41 The state shall take various measures to encourage and direct social forces to found medical institutions according to the law, and support and regulate various types of cooperation in medical business, discipline development, and talent training, among others, carried out by medical institutions founded by social forces and medical institutions founded by the government.
Medical institutions founded by social forces shall enjoy the same right as the medical institutions founded by the government in terms of designated medical institutions covered by basic medical insurance, construction of key specialties, scientific research and teaching, grade review, specific medical technology access, and assessment of professional titles of medical personnel, and other respects.
Social forces may choose to found non-for-profit or for-profit medical institutions. Non-for-profit medical institutions founded by social forces shall enjoy the policies for tax, fiscal subsidies, use of land, use of water, use of power, use of gas, and use of heat, among others, equal to those for medical institutions founded by the government according to the provisions.
Article 42 The state shall, on the basis of the medical institutions founded, rationally plan and set up national medical centers and national and provincial regional medical centers to diagnose and treat difficult and complicated diseases, conduct research to overcome major medical problems, and cultivate high-level medical talents.
Article 43 Medical and health institutions shall comply with the laws, regulations and rules, establish and improve internal quality management and control systems, and be responsible for the quality of medical services.
Medical institutions shall, according to the guidelines for clinical diagnosis and treatment, the rules for the operation of clinical technologies, industrial standards, medical ethical norm and other relevant requirements, rationally conduct examination, use drugs, and conduct diagnosis and treatment, strengthen the prevention of medical safety risks, optimize the service process, and continuously improve the quality of medical services.
Article 44 The state shall conduct classified administration of the clinical application of medical technologies, and strictly manage the medical technologies that have great technical difficulties and high medical risks, and that are demanding for the service capacity and professional technical competence of personnel.
Medical institutions shall conduct clinical application of medical technologies adaptable to their functions and tasks, under the principles of scientificity, safety, standardization, effectiveness and economy, and be ethical.
Article 45 The state shall establish a modern hospital management system characterized by clear rights and responsibilities, scientific management, perfect governance, efficient operation and effective supervision.
Hospitals shall develop bylaws, establish and improve the corporate governance structure, and improve the capacity and operation efficiency of medical services.
Article 46 The practice premises of medical institutions are public places where medical institutions provide medical services and whose order shall not be disturbed by any organization or individual.
Article 47 The state shall improve the medical risk sharing mechanism, encourage medical institutions to participate in medical liability insurance or establish medical risk funds, and encourage patients to participate in medical accident insurance.
Article 48 The state shall encourage medical institutions to continuously improve the prevention, health care, diagnosis, treatment, nursing and rehabilitation technologies, equipment and services, and support the development of medical technologies suitable for the grassroots and remote areas.
Article 49 The state shall promote the application and development of health informatization of the whole people, big data on health and medical treatment, and artificial intelligence, among others, accelerate the construction of medical information infrastructure, develop the technical standards for the analysis on, collection, storage, and application of data on health and medical treatment, and promote the publicity and sharing of high-quality medical resources by utilizing information technology.
The people's governments at or above the county level and their relevant relevant departments shall take measures, promote the application of information technology in the medical field and medical education, and support the exploration and development of the new modes and new business forms of medical services.
The state shall take measures to urge medical institutions to establish and improve the medical information exchange and information security system, provide remote medical services by virtue of information technology, and establish an integrated online and offline medical service model.
Article 50 In the event of natural disasters, accident disasters, public health incidents, social security incidents and other emergencies seriously threatening the life and health of the people, medical institutions and medical personnel shall obey the dispatch of the government departments and participate in the health care emergency response and medical treatment. Participants that are sick, disabled and dead shall be given relevant treatment of employment injury, consolation money, or praise to martyrs in accordance with the relevant provisions.

 


Chapter IV Medical Personnel
Article 51 Medical personnel shall carry forward the lofty professional spirit of respecting life, healing the wounded and rescuing the dying, being willing to dedicate themselves, maintaining boundless love, observing the industrial standards, observing medical ethics, and striving to improve the professional level and service quality.
Medical industry associations, medical institutions and medical colleges shall strengthen the education of medical personnel on medical ethics and practices.
Article 52 The state shall develop a training plan for medical personnel, establish a training mechanism and a supply and demand balance mechanism for medical personnel adapting to the industrial characteristics and social needs, improve the system of education in colleges and universities, post-graduation education and continuing education, establish and improve a regulated training system for resident doctors and diplomates, and form medical teams with appropriate scale, rational structure, and balanced distribution.
The state shall strengthen the training and use of general practitioners. General practitioners shall mainly provide diagnosis, treatment, transfer, prevention, health care and rehabilitation of common diseases and frequently-occurring diseases, management of chronic diseases, health management and other services.
Article 53 The state shall implement the practice registration system for physicians, nurses and other medical personnel according to the law. Medical personnel shall obtain corresponding professional qualifications according to the law.
Article 54 Medical personnel shall follow the law of medical science, comply with the relevant technical specifications on clinical diagnosis and treatment, various operating rules, and medical ethical norms, use appropriate technologies and drugs, offer rational diagnosis and treatment, and conduct curing on the basis of the sickness, and shall not implement overtreatment for patients.
Medical personnel shall not ask for or illegally accept money or property or seek other illicit interests by taking advantage of their positions.
Article 55 The state shall establish and improve a personnel, remuneration and award system in line with the characteristics of the medical industry to reflect the occupational characteristics and technical labor value of medical personnel.
Medical personnel engaging in prevention and control of infectious diseases, radioactive medicine, mental health work and other work of special positions shall be given appropriate allowances in accordance with the provisions of the state. The allowance standard shall be adjusted on a regular basis.
Article 56 The state shall establish a system for medical personnel to engage in medical work at the grassroots and in rough and remote areas on a regular basis.
The state shall adopt measures such as targeted free training, corresponding assistance, and re-employment after retirement, to strengthen the construction of medical teams at the grassroots and in rough and remote areas.
A practicing physician to be promoted to a deputy senior technical title shall have more than one year of experience in providing medical services at medical institutions at or below the county level or corresponding assistance accumulatively.
Medical personnel working at the grassroots and in rough and remote areas shall enjoy preferential treatments in remunerations and allowances, evaluation of professional titles, career development, education and training, recognition and awards, and other respects.
The state shall strengthen the construction of rural medical teams, establish a career development mechanism characterized by connection at the levels of village, township and county, and improve the multi-channel subsidy mechanism for service revenues of rural medical personnel and the elderly-care policies.
Article 57 The whole society shall care for and respect medical personnel, maintain a sound and safe order of medical services, and jointly form a harmonious doctor-patient relationship.
The personal safety and personal dignity of medical personnel shall not be violated, and their lawful rights and interests shall be protected by law. Every organization or individual shall be prohibited from threatening and endangering the personal safety of medical personnel, and infringing upon the personal dignity of medical personnel.
The state shall take measures to ensure the practicing environment of medical personnel.
Chapter V Guarantee for Supply of Drugs
Article 58 The state shall improve the drug supply guarantee system, establish a coordination mechanism, and guarantee the safety, effectiveness and availability of drugs.
Article 59 The state shall implement the essential drug system and select appropriate number of essential drugs to meet the basic drug needs for prevention and control of diseases.
The state shall issue a list of essential drugs, and dynamically adjust the list of essential drugs according to the clinical application practice of drugs, changes in drug standards, and new launching of drugs, among others.
Essential drugs shall be preferentially included in the list of essential medical insurance drugs according to the provisions.
The state shall improve the supply of essential drugs, strengthen the quality supervision and administration of essential drugs, and ensure that essential drugs are fairly available and rationally used.
Article 60 The state shall establish and improve a clinical needs-oriented drug review and approval system, and support the research, development and production of drugs in urgent clinical need, drugs for children, and drugs for prevention and control of rare diseases and serious diseases, to meet the needs of disease prevention and control.
Article 61 The state shall establish and improve a thorough traceability system for research and development, production, circulation and use of drug, strengthen drug management, and guarantee the quality of drugs.
Article 62 The state shall establish and improve a drug price monitoring system, conduct investigation into the cost price, strengthen drug price supervision and inspection, investigate and handle price monopoly, price fraud, unfair competition and other illegal acts, and maintain the drug price order.
The state shall strengthen classified drug procurement management and guidance. A bidder participating in drug procurement bidding shall not bid at a price lower than the cost or bid by fraud, collusion, abuse of market dominance, and other means.
Article 63 The state shall establish the medical reserve systems of the central government and local governments, mainly for guaranteeing emergency response to major disasters, epidemic situation and other emergencies.
Article 64 The state shall establish and improve the drug supply monitoring system, collect, summarize and analyze the information on drug supply and demand in a timely manner, and announce the production, circulation and use of drugs on a regular basis.
Article 65 The state shall strengthen the management of medical devices, improve the standards and specifications on medical devices, and improve the safety and effective level of medical devices.
The appropriate medical and health department under the State Council and the appropriate medical and health departments of the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government shall, on the basis of the advancement, appropriateness and availability of technologies, develop a general plan for the allocation of large-scale medical equipment, and promote the rational allocation and sufficient sharing of medical resources in the regions.
Article 66 The state shall strengthen the protection and development of traditional Chinese medicine, fully reflect the characteristics and advantages of traditional Chinese medicine, and maximize its role in prevention, health care, medical treatment and rehabilitation.

 


Chapter VI Health Care Promotion
Article 67 The people's governments at all levels shall strengthen health education and training of professional talents, establish a core information issuance system for health knowledge and skills, popularize health science knowledge, and provide scientific and accurate health information for the public.
The medical, education, sports, publicity and other institutions, grassroots self-governing mass organizations and social organizations shall carry out publicity and popularization of health knowledge. Medical personnel shall, when providing medical services, carry out health education for patients. The news media shall carry out public welfare publicity on health knowledge. The publicity of health knowledge shall be scientific and accurate.
Article 68 The state shall include health education in the national educational system. Schools shall conduct health education in various forms, popularize health knowledge, scientific fitness knowledge, and first aid knowledge and skills, improve students' awareness of active disease prevention, cultivate students' sound health habits and behavioral habits, and reduce and improve students' adverse health conditions such as myopia and obesity.
Schools shall, according to the provisions, provide sports and health courses and organize students to carry out activities such as radio gymnastic exercises, eye exercises, and physical exercises.
Schools shall, according to the provisions, appoint school doctors and establish and improve health rooms and health care rooms, among others.
The education administrative departments of the people's governments at or above the county level shall incorporate students' physical fitness level into the school assessment system.
Article 69 Citizens, as the first responsible persons for their own health, shall establish and practice the health management concept responsible for their own health, actively learn health knowledge, improve their health literacy, and strengthen health management. Family members shall be urged to care for each other and form a healthy lifestyle that suits their own and family characteristics.
Citizens shall respect others' right to health and benefits and shall not damage others' health or public interests.
Article 70 The state shall organize investigation and statistics of residents' health status, carry out physical monitoring, evaluate health performance, and develop and improve the laws, regulations, policies and general plans relevant to health according to the evaluation results.
Article 71 The state shall establish a system for monitoring, investigation and risk assessment of the risk factors of diseases and health. The people's governments at or above the county level and their relevant departments shall organize and carry out research on health risk factors for the main problems affecting health, and develop the comprehensive prevention and control measures.
The state shall strengthen the prevention and governance of environmental problems affecting health, organize research on the impact of environmental quality on health, and take measures to prevent and control diseases related to environmental problems.
Article 72 The state shall vigorously carry out patriotic health campaign, encourage and support the development of patriotic health months and other mass medical and health care activities, rely on and mobilize the masses to control and eliminate health risk factors, improve the environmental sanitation conditions, and build healthy cities, villages and towns and communities.
Article 73 The state shall establish a scientific and strict food and drinking water safety supervision and administration system to improve the safety level.
Article 74 The state shall establish a monitoring system for the nutritional status, implement nutrition intervention plans for underdeveloped areas and key groups of people, carry out nutrition improvement activities for minors and senior citizens, advocate healthy dietary habit, and reduce the risk of diseases caused by unhealthy diet.
Article 75 The state shall develop the national fitness cause, improve the national public fitness service system covering both urban and rural areas, strengthen the construction of public sports facilities, organize, implement and support national fitness activities, improve the national fitness guidance services, and popularize scientific fitness knowledge and methods.
The state shall encourage availability of sports venues of entities to the public.
Article 76 The state shall develop and implement the work plans for the health of minors, women, senior citizens, disabled persons and other people, and strengthen the health care services for key groups of people.
The state shall promote long-term nursing guarantee work and encourage the development of long-term nursing insurance.
Article 77 The state shall improve the sanitary control system of public places. The appropriate medical and health departments of the people's governments at or above the county level shall strengthen sanitary inspection of public places. The sanitary inspection information on public places shall be disclosed to the public according to the law.
Business entities at public places shall establish, improve and strictly implement the sanitary control system, and ensure that their business operation activities continuously satisfy the sanitary requirements of the state for public places.
Article 78 The state shall adopt measures to reduce the harm of smoking to the health of citizens.
Control of smoking in public places shall be implemented and supervision and law enforcement shall be strengthened.
Warnings indicating harms of smoking shall be printed on the packages of tobacco products.
Sale of cigarettes or alcohol to minors shall be prohibited.
Article 79 Employers shall create environment and conditions favorable for the health of employees, strictly implement the relevant provisions on labor safety and health, actively organize employees to carry out fitness activities, and protect the health of employees.
The state shall encourage employers to carry out guidance work for employees' health.
The state shall encourage employers to carry out health checkups for employees on a regular basis, except as otherwise prescribed on health examination in the laws and regulations.

 


Chapter VII Funds Guarantee
Article 80 The people's governments at all levels shall effectively perform the duties of developing the medical and health care cause, establish medical cause investment mechanisms commensurate with the economic and social development, financial status and health indicators, and incorporate the medical and health care promotion expenditures into the government budget of the corresponding levels, mainly for guaranteeing the basic medical services, public health services, basic medical guarantee, and construction, operation and development of medical institutions founded by governments according to the provisions.
Article 81 The people's governments at or above the county level shall strengthen the supervision and administration of funds by such means as budgets, audit, supervision and law enforcement, and social supervision.
Article 82 The basic medical service fees shall be mainly paid by the basic medical insurance funds and individuals. The state shall raise basic medical insurance funds from multiple channels according to the law and gradually improve the sustainable financing and guarantee level adjustment mechanism for the basic medical insurance.
Citizens shall have the rights and obligations to participate in the basic medical insurance according to the law. Employers and staff members shall pay basic medical insurance premiums for employees in accordance with the provisions issued by the state. Urban and rural residents shall pay basic medical insurance premiums for urban and rural residents in accordance with the provisions.
Article 83 The state shall establish a multi-level medical security system dominated by basic medical insurance and supplemented with commercial health insurance, medical aid, mutual medical insurance for employees, and medical charity services, among others.
The state shall encourage the development of commercial health insurance to satisfy the diversified health guarantee needs of the public.
The state shall improve the medical assistance system and ensure that eligible underprivileged persons obtain basic medical services.
Article 84 The state shall establish and improve a consultation and negotiation mechanism between basic medical insurance handling institutions and designated medical institutions under agreement, scientifically and rationally determine the payment standards and payment methods for basic medical insurance funds, direct medical institutions to rationally conduct diagnosis and treatment, promote the orderly flow of patients, and improve the utilization efficiency of basic medical insurance funds.
Article 85 The scope of payment of the basic medical insurance funds shall be determined by the appropriate medical security department under the State Council and the opinions of the appropriate medical and health department, the appropriate department of traditional Chinese medicine, and the public finance department under the State Council, among others, shall be requested.
The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may, in accordance with the relevant provisions issued by the state, supplement and determine the specific items and standards for payment of basic medical insurance funds in their respective administrative regions, and report to the appropriate medical security department under the State Council for recordation.
The appropriate medical security department under the State Council shall conduct evidence-based medical and economic evaluation of the list of essential medical insurance drugs, diagnosis and treatment items and standards for medical service facilities, among others, included in the payment scope, and request the opinions of the appropriate medical and health department, the appropriate department of traditional Chinese medicine, and the public finance department under the State Council, among others, on relevant respects. The evaluation results shall be regarded as the basis for adjusting the payment scope of the basic medical insurance funds.

 


Chapter VIII Supervision and Administration
Article 86 The state shall establish and improve a comprehensive medical supervision and management system that combines institutional autonomy, industrial self-regulation, government supervision and administration, and social supervision.
The appropriate medical and health departments of the people's governments at or above the county level shall conduct territorial supervision and administration of the whole medical industry.
Article 87 The appropriate medical security departments of the people's governments at or above the county level shall improve the medical security supervision and administration ability and level, strengthen the supervision and administration of the medical service behaviors and medical expenses included in the payment scope of basic medical insurance funds, and ensure the rational use, safety and controllability of the basic medical insurance funds.
Article 88 The people's governments at or above the county level shall organize health care, medical security, drug supervision and administration, development and reform, public finance and other departments to establish the communication and consultation mechanisms, strengthen the system transition and work cooperation, and improve the efficiency and security level of medical resources.
Article 89 The people's governments at or above the county level shall report the basic medical and health care promotion work to the people's congresses at the corresponding levels or their standing committees on a regular basis, and accept supervision thereof according to the law.
Article 90 Where the relevant departments of the people's governments at or above the county level fail to perform the duties relating to the medical and health care promotion work, the people's governments at the corresponding levels or the relevant departments of the people's government at higher levels shall hold interviews with their primary persons in charge.
Where the local people's governments fail to perform the duties relating to the medical and health care promotion work, the people's governments at higher levels shall hold interviews with their primary persons in charge.
The interviewed departments and local people's governments shall immediately take measures to make rectification.
The interviews and rectification shall be included in the work assessment and evaluation records of the relevant departments and the local people's governments.
Article 91 The appropriate medical and health departments of the local people's governments at or above the county level shall establish a performance evaluation system for medical institutions, and organize the assessment of the service quality, medical technologies, use of drugs and medical equipment, etc. of medical institutions. The assessment shall be participated in by industrial organizations and the public. The assessment results shall be disclosed to the public in an appropriate manner as an important basis for assessing medical institutions and health supervision and administration.
Article 92 The state shall protect the citizens' personal health information and ensure the security of citizens' personal health information. No organization or individual shall illegally collect, use, process, or transmit personal health information on any citizen or illegally purchase, sell, provide or disclose personal health information of any citizen.
Article 93 The appropriate medical and health departments and the appropriate medical security departments of the people's governments at or above the county level shall establish credit recording systems for medical institutions and personnel, among others, incorporate them into the national credit information sharing platform, and take joint disciplinary actions according to the provisions of the state.
Article 94 The appropriate medical and health departments of the local people's governments at or above the county level and their entrusted health supervision institutions shall carry out the medical administrative law enforcement work within their respective administrative regions according to the law.
Article 95 The appropriate medical and health department of the people's governments at or above the county level shall actively cultivate medical industry associations, maximize their role in the medical and health care promotion, and support their participation in the development of the industry management standards and technical standards, and the medical evaluation, assessment, and review, among others.
Article 96 The state shall establish a medical dispute prevention and treatment mechanism to appropriately handle medical disputes and maintain the medical order.
Article 97 The state shall encourage citizens, legal persons and other organizations to conduct social supervision over the medical and health care promotion work.
Every organization and individual shall have the right to file complaints and tip-offs with the appropriate medical and health departments of the people's governments at or above the county level and other appropriate departments against the acts in violation of this Law.

 


Chapter IX Legal Liabilities
Article 98 Where the local people's governments at all levels, the appropriate medical and health departments of the people's governments at or above the county level and other relevant departments abuse powers, neglect duties, practice favoritism or make falsification in violation of this Law, the directly liable persons in charge and other directly liable persons shall be given disciplinary actions according to the law.
Article 99 A medical institution that provides medical services without permission before obtaining the Practicing License for a Medical Institution in violation of the provisions of this Law shall be ordered by the appropriate medical and health department of the people's government at or above the county level to cease its practicing activities, be subject to confiscation of illegal gains, drugs and medical devices, and be fined not less than 5 times nor more than 20 times of illegal gains; and an entity with illegal gains of not more than 10,000 yuan shall be subject to punishment on the basis of illegal gains of 10,000 yuan.
An entity that forges, alters, buys, sells, leases, or lends a Practicing License for a Medical Institution in violation of the provisions of this Law shall be ordered by the appropriate medical and health department of the people's government at or above the county level to make corrections, be subject to confiscation of illegal gains, and be fined not less than 5 times nor more than 20 times of illegal gains; an entity with illegal gains of not more than 10,000 yuan shall be subject to punishment on the basis of illegal gains of 10,000 yuan; and an entity falling under serious circumstances shall be subject to revocation of a Practicing License for a Medical Institution.
Article 100 An entity conducting one of the following acts in violation of the provisions of this Law shall be ordered by the appropriate medical and health department of the people's government at or above the county level to take corrective action, and be subject to confiscation of illegal gains and a fine of not less than two times nor more than ten times of the illegal gains; an entity with illegal gains of not more than 10,000 yuan shall be subject to punishment on the basis of illegal gains of 10,000 yuan; and the directly liable person in charge and other directly liable persons shall be given disciplinary actions according to the law:
(1) A medical institution founded by the government invests in and forms a medical institution with non-independent legal person qualification with another organization.
(2) A medical institution conducts external leasing or contracting of a medical department.
(3) A non-for-profit medical institution allocates revenues or allocates revenues in a disguised manner to a contributor or founder.
Article 101 A medical institution having imperfect medical information security system and guarantee measures, leading to disclosure of medical information, or having unsound medical quality management, medical technology management system and safety measures in violation of this Law shall be ordered by the appropriate medical and health department of the people's government at or above the county level to take corrective action, be given a warning and be subject to a fine of not less than 10,000 yuan nor more than 50,000 yuan; and may be ordered to cease practicing activities under serious circumstances, and the directly liable person in charge and other directly liable persons shall be subject to legal liability according to the law.
Article 102 Medical personnel conducting one of the following acts in violation of this Law shall be given administrative penalties by the appropriate medical and health department of the people's government at or above the county level according to the laws and administrative regulations on the administration of practicing physicians and nurses, and the prevention and handling of medical disputes, among others:
(1) Asking for or illegally accepting money or property or seeking other illicit interests by taking advantage of his or her position.
(2) Leaking personal health information of a citizen.
(3) Failing to fulfill the obligation of notification according to the provisions during the process of conducting medical research or providing medical services, or violating the medical ethics and specifications.
Personnel prescribed in the preceding paragraph that are personnel of a medical institution founded by the government shall be given disciplinary actions according to the law.
Article 103 A bidder participating in a bid for drug procurement and bidding by offering a price lower than the cost, or by fraud, collusion, abuse of market dominance, and other means in violation of this Law shall be ordered by the appropriate medical security department of the people's government at or above the county level to take corrective action and be subject to confiscation of illegal gains; where a bid is won, the bid winning shall be invalid, a fine of not less than 0.5% nor more than 1% of the value of the bidding project shall be imposed upon the bidder, and the legal representative, the primary person in charge, the directly liable persons in charge and other liable persons shall be subject to a fine of not more than 5% nor more than 10% of the fine imposed upon the entity; and under serious circumstances, the bidder shall be disqualified for participating in any bid for drug procurement within two to five years, and an announcement shall be made.
Article 104 Where basic medical insurance benefits are defrauded by fraud, forging evidentiary materials or other means or basic medical insurance agencies and medical institutions, drug business entities, and other entities defraud expenditures of the basic medical insurance funds by fraud, forging evidentiary materials or other means in violation of this Law, the appropriate medical security departments of the people's governments at or above the county level shall, according to the laws and administrative regulations on social insurance, impose administrative penalties upon the violators.
Article 105 Where the order of the practicing premise of a medical institution is disturbed, the personal safety of medical personnel is threatened and damaged, the personal dignity of medical personnel is infringed upon, citizens' personal health information is illegally collected, used, processed, transmitted, traded, provided or disclosed in violation of this Law, and violation of public security administration is constituted, public security administration punishment shall be imposed upon according to the law.
Article 106 Where a violation of this law constitutes a crime, the responsible party shall be held criminally liable in accordance with the law; and where personal and property losses are caused, the responsible party shall assume the civil liability according to the law.

 


Chapter X Supplemental Provisions
Article 107 The meanings of the following terms in this Law are:
(1) Major health indicators: average life expectancy, maternal mortality, infant mortality, and mortality of children under 5 years old, among others.
(2) Medical institutions: grassroots medical institutions, hospitals, and professional public medical institutions, among others.
(3) Grassroots medical institutions: health centers in villages and towns, community health service centers (stations), village health rooms, dispensaries, outpatient departments, and clinics, among others.
(4) Professional public health institutions: disease prevention and control centers, specialist disease prevention and treatment institutions, health educational institutions, first aid centers (stations), and blood stations, among others.
(5) Medical personnel: practicing physicians, assistant medical practitioners, registered nurses, pharmacists, medical laboratory technicians, image technicians, village doctors and other medical professionals.
(6) Essential drugs: drugs that meet the basic needs of disease prevention and control, that adapt to the basic national conditions and guarantee capacity at the current stage, that have appropriate dosage forms, that are reasonably priced, whose supply may be guaranteed, and that are fairly available.
Article 108 The provinces, autonomous regions, municipalities directly under the Central Government, districted cities and autonomous prefectures may, in light of the reality, develop the specific measures for local development of the medical and health care cause.
Article 109 The measures for the administration of the medical and health care promotion work in the Chinese People's Liberation Army and the Chinese People's Armed Police Force shall be developed by the State Council and the Central Military Commission according to this Law.
Article 110 This Law shall come into force on June 1, 2020.

Contact us
Mr. Deng Guangming, Assistant Prosecutor, Division Chief of International Cooperation, General Office
The People's Procuratorate of Guangxi Zhuang Autonomous Region
Tel: +86-771-5506175 E-mail:dmg2939@163.com
Address:3 Fengxiang Road, Nanning, Guangxi P.R. China