No.308
General manager Zhu Rongji.
Release date?
200 1 June 20th, 2008
Version contains
Chapter I General Provisions
first
According to the law of the people's Republic of China on maternal and infant health care (hereinafter referred to as the law on maternal and infant health care), these measures are formulated.
second
Institutions and their personnel engaged in maternal and infant health care services within the territory of People's Republic of China (PRC) shall abide by the law on maternal and infant health care and these measures.
Institutions engaged in family planning technical services shall carry out family planning technical service activities in accordance with the Regulations on the Administration of Family Planning Technical Services.
essay
Maternal and child health care technical services mainly include the following items:
(a) maternal and child health science publicity, education and consultation;
(2) Pre-marital medical examination;
(3) prenatal diagnosis and genetic disease diagnosis;
(4) midwifery technology;
(5) performing medically necessary birth control operations;
(6) screening of neonatal diseases;
(seven) other reproductive health care services related to fertility, birth control and infertility.
Article 4
Citizens have the right of informed choice in maternal and child health care. The state guarantees citizens' right to appropriate maternal and child health care services.
Article 5
Maternal and infant health care work takes health care as the center, aims at ensuring reproductive health, and implements the policy of combining health care with clinic, facing groups, facing grass-roots units and giving priority to prevention.
Article 6
People's governments at all levels shall incorporate maternal and infant health care into the national economic and social development plan at the corresponding level, provide necessary economic, technical and material conditions for the development of maternal and infant health care, and give special support to maternal and infant health care in ethnic minority areas and poverty-stricken areas.
Local people's governments at or above the county level may set up special funds for the development of maternal and child health care according to the actual situation and needs of the region.
Article 7
The health administrative department of the State Council is in charge of the national maternal and infant health care work and performs the following duties:
(a) to formulate the law on maternal and infant health care and the supporting regulations and technical specifications of these measures;
(two) according to the principle of classified guidance, formulate the national maternal and child health care development plan and implementation steps;
(3) Organizing and popularizing maternal and infant health care and other appropriate reproductive health technologies;
(four) supervision of maternal and infant health care.
Article 8
The finance, public security, civil affairs, education, labor security, family planning and other departments of the people's governments at or above the county level shall, within the scope of their respective duties, cooperate with the health administrative departments at the same level to do a good job in maternal and infant health care.
Chapter II Pre-marital Health Care
Article 9
Premarital health guidance mentioned in Article 7 of the Maternal and Infant Health Care Law includes the following contents:
(1) Health care and education related to sexual health;
(two) contraceptive knowledge and family planning guidance;
(3) Pre-pregnancy health care knowledge such as pre-pregnancy preparation, environment, and the influence of diseases on offspring;
(4) Basic knowledge of genetic diseases;
(five) the basic knowledge of diseases affecting marriage and childbearing;
(six) other reproductive health knowledge.
When conducting premarital health consultation, doctors should provide scientific information to the parties, guide the possible consequences and put forward appropriate suggestions.
Article 10
In areas where premarital medical examination is carried out, both men and women who intend to get married should go to medical and health institutions for premarital medical examination before going through the marriage registration.
Article 11
Medical and health institutions engaged in pre-marital medical examination shall be examined by the administrative department of health of the Municipal People's government where the district is located; Those who meet the requirements shall be indicated in the Practice License of Medical Institutions.
Article 12
Medical and health institutions applying for premarital medical examination shall meet the following conditions:
(a) the establishment of a special medical examination room for men and women before marriage, equipped with routine examination and specialist examination equipment;
(2) setting up a publicity and education room for premarital reproductive health;
(3) Having qualified medical practitioners to conduct premarital medical examination for men and women.
Article 13
Pre-marital medical examination includes asking about medical history, physique and related examinations.
Pre-marital medical examination shall abide by the norms of pre-marital health care and be carried out in accordance with the items of pre-marital medical examination. Pre-marital health care work norms and pre-marital medical examination items shall be stipulated by the administrative department of health of the State Council.
Article 14
After the end of the pre-marital medical examination, the medical and health institution shall issue a certificate of pre-marital medical examination to the parties who accept the pre-marital medical examination.
The certificate of pre-marital medical examination shall specify whether the following diseases are found:
(a) designated infectious diseases during the infectious period;
(2) mental illness in the onset period;
(3) Suffering from serious genetic diseases that are not suitable for childbearing;
(4) Other diseases that are medically considered unsuitable for marriage.
If the diseases mentioned in Items (1), (2) and (3) of the preceding paragraph are found, the doctor shall explain the situation to the parties concerned and put forward suggestions on prevention, treatment and corresponding medical measures. According to the doctor's advice, the parties can postpone marriage, or voluntarily take long-term contraceptive measures or ligation; Medical and health institutions shall provide medical consultation and medical services for their treatment.
Article 15
If a medical and health institution cannot be diagnosed by pre-marital medical examination, it shall be transferred to a medical and health institution designated by the health administrative department of the people's government at or above the municipal level.
Article 16
In areas where premarital medical examination is carried out, the marriage registration office shall examine the certificate of premarital medical examination or medical appraisal as stipulated in Article 11 of the Maternal and Infant Health Care Law when handling marriage registration.
Chapter III Maternal Health Care
Article 17
Medical and health institutions shall provide consultation and medical and health care services on contraception, birth control, fertility, infertility and reproductive health for women of childbearing age.
Doctors should give medical advice if they find or suspect that couples of childbearing age have serious genetic diseases; If it is difficult to diagnose because of the existing medical technology level, it shall explain the situation to the parties concerned. Couples of childbearing age can choose contraception, birth control, infertility and other corresponding medical measures.
Article 18
Medical and health institutions shall provide the following medical and health services for pregnant women:
(a) to establish a health care manual (card) for pregnant women, and to conduct regular prenatal examinations;
(two) to provide medical guidance and consultation for pregnant women in health, nutrition and psychology;
(three) focus on monitoring, follow-up and medical care services for high-risk pregnant women;
(4) Providing pregnant women with technical services for safe delivery;
(five) regular postpartum visits to guide the scientific feeding of infants;
(6) Providing contraceptive consultation and technical services;
(seven) reproductive health education and scientific parenting education for pregnant women and their families;
(eight) other maternal health care services.
Article 19
If the medical and health institutions find that pregnant women suffer from the following serious diseases or are exposed to physical, chemical, biological and other toxic and harmful factors, which may endanger the life safety of pregnant women or may seriously affect the health of pregnant women and the normal development of the fetus, they shall provide medical guidance to pregnant women and the following necessary medical examinations:
(1) Severe pregnancy complications or complications;
(2) severe mental illness;
(3) Other diseases that seriously affect fertility as stipulated by the administrative department of health of the State Council.
Article 20
In any of the following circumstances, the doctor shall make a prenatal diagnosis:
(1) Too much or too little amniotic fluid;
(2) The fetus has abnormal development or the fetus has suspicious malformation;
(3) Having been exposed to substances that may cause birth defects in the first trimester;
(4) Having a family history of hereditary diseases or having a baby with serious birth defects;
(5) The primipara is over 35 years old.
Article 21
The list of serious fetal genetic diseases, serious fetal defects and serious diseases that may endanger the life, health and safety of pregnant women who continue to be pregnant as stipulated in Article 18 of the Maternal and Infant Health Care Law shall be stipulated by the administrative department of health of the State Council.
Article 22
If the children who have given birth suffer from serious genetic diseases or serious defects, both husband and wife should go to medical and health institutions for medical examination in accordance with the relevant provisions of the state before re-pregnancy. Medical and health institutions shall introduce the knowledge about hereditary diseases to the parties concerned and give them advice and guidance. Doctors should explain the situation to the parties concerned and give medical advice to those who are diagnosed with serious genetic diseases that are medically considered unsuitable for childbearing.
Article 23
It is forbidden to use technical means to identify the sex of the fetus.
If it is suspected that the fetus may be a sex-linked genetic disease and needs sex identification, the 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 conduct the identification in accordance with the provisions of the health administrative department of the State Council.
Article 24
The state advocates hospital delivery. Medical and health institutions shall, in accordance with the technical operation specifications formulated by the health administrative department of the State Council, implement disinfection delivery and neonatal resuscitation, prevent obstetric complications such as obstetric injury and postpartum hemorrhage, and reduce the morbidity and mortality of pregnant women and perinatal infants.
Those who do not have the conditions for delivery in hospital shall be delivered with the permission of the health administrative department of the local people's government at the county level by the personnel who have obtained the Technical Certificate of Family Midwives.
High-risk pregnant women should be hospitalized in medical and health institutions for delivery.
Chapter IV Infant Health Care
Article 25
Medical and health institutions shall carry out screening, diagnosis, treatment and monitoring of neonatal congenital and hereditary metabolic diseases in accordance with relevant state regulations.
Article 26 Medical and health institutions shall, in accordance with regulations, visit newborns, establish child health care manuals (cards), conduct regular health checks, provide scientific knowledge on disease prevention, reasonable diet and promotion of intellectual development, and do a good job in medical and health services such as prevention and treatment of frequently-occurring diseases and common diseases of infants.
Article 27
Medical and health institutions shall vaccinate infants in accordance with the prescribed procedures and projects.
The guardian of the baby shall ensure that the baby is vaccinated in time.
Article 28
The state advocates breastfeeding. Medical and health institutions should provide technical guidance for the implementation of breastfeeding and provide necessary breastfeeding conditions for women who give birth in hospital.
Medical and health institutions shall not publicize or recommend breast milk substitutes to pregnant women and baby families.
Article 29
The packaging label of breast milk substitutes should indicate the superiority of breast feeding in a prominent position.
Producers and sellers of breast milk substitutes shall not give samples of products or provide equipment, funds and materials to medical and health institutions for marketing purposes.
Article 30
Women enjoy maternity leave prescribed by the state. For women with babies under 1 year, their units shall arrange certain breastfeeding time for them during working hours.
Chapter V Technical Appraisal
Article 31
The medical technical appraisal committee of maternal and infant health care is divided into three levels: province, city and county.
Members of the medical technical appraisal committee for maternal and infant health care shall meet the following conditions:
(a) the members of the county-level medical technical appraisal committee for maternal and infant health care shall have professional and technical positions above the attending physician;
(two) the members of the municipal and provincial medical technical appraisal committees for maternal and child health care in districts shall have the professional and technical positions of deputy chief physician or above.
Article 32
If a party has any objection to the results of pre-marital medical examination, genetic disease diagnosis and prenatal diagnosis, and needs further diagnosis, he may submit a written appraisal application to the medical technical appraisal committee of maternal and infant health care at the county level or the municipal level with districts within 15 days from the date of receiving the examination or diagnosis results.
The medical technical appraisal committee for maternal and infant health care shall make a medical technical appraisal opinion within 30 days from the date of receiving the appraisal application, and notify the parties concerned in time.
If the parties have any objection to the appraisal opinions, they may apply to the medical technical appraisal committee of maternal and infant health care at the next higher level for re-appraisal within 15 days from the date of receiving the notice of appraisal opinions.
Article 33
Maternal and child health care medical technical appraisal committee must have more than 5 members of the relevant professional medical technical appraisal committee to participate in medical appraisal.
Members of the appraisal committee shall sign the appraisal conclusion; Different opinions should be truthfully recorded. The appraisal committee shall issue appraisal opinions to the parties according to the appraisal conclusion.
Measures for the administration of medical technical appraisal of maternal and infant health care shall be formulated by the administrative department of health of the State Council.
Chapter VI Supervision and Administration
Article 34
The health administrative departments of the local people's governments at or above the county level shall be responsible for the supervision and management of maternal and infant health care within their respective administrative areas, and perform the following supervision and management duties:
(a) in accordance with the law on maternal and infant health care and these measures, as well as the conditions and technical standards stipulated by the administrative department of health of the State Council, license the institutions and personnel engaged in maternal and infant health care, and issue corresponding license certificates;
(two) to supervise and inspect the implementation of the law on maternal and infant health care and these measures;
(three) in violation of the law on maternal and infant health care and these measures, administrative punishment shall be given according to law;
(four) other matters responsible for the supervision and management of maternal and infant health care.
Article 35
Medical and health institutions and personnel engaged in genetic disease diagnosis and prenatal diagnosis must obtain permission from the health administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government.
Medical and health institutions and personnel engaged in premarital medical examination must obtain permission from the health administrative department of the municipal people's government with districts.
Medical and health institutions and personnel engaged in midwifery technical services, ligation operations and pregnancy termination operations, as well as personnel engaged in home delivery, must obtain permission from the health administrative department of the people's government at the county level and obtain corresponding qualification certificates.
Article 36
Health supervisors shall show their certificates when performing their duties.
Health supervisors can get information from medical and health institutions, obtain necessary information, supervise and inspect maternal and infant health care, and medical and health institutions may not refuse or conceal it.
Health supervisors have the obligation to keep confidential the technical information provided by medical and health institutions.
Article 37
Medical and health institutions should be equipped with corresponding personnel and medical equipment according to their business, strengthen on-the-job business training and professional ethics education for personnel engaged in maternal and child health care, and conduct regular inspections and assessments.
Doctors and midwives (including domestic midwives) should strictly abide by the relevant technical operation norms, fill in all kinds of records carefully, and improve midwifery technology and service quality.
The management of midwives shall be implemented in accordance with the regulations of the administrative department of health of the State Council.
Medical practitioners engaged in maternal and infant health care should obtain corresponding qualifications in accordance with the provisions of the law on maternal and infant health care.
Article 38
Medical and health institutions shall, in accordance with the provisions of the administrative department of health of the State Council, give professional guidance to the health care work of nurseries and kindergartens.
Article 39
The state establishes a monitoring and reporting system for maternal death, infant death and birth defects of newborns.
Chapter VII Punishment
Article 40
Medical and health institutions or personnel who engage in premarital medical examination, genetic disease diagnosis, prenatal diagnosis, termination of pregnancy surgery and medical technical appraisal or issue relevant medical certificates without obtaining the technical license for maternal and infant health care shall be given a warning by the administrative department of health, ordered to stop the illegal behavior and confiscate the illegal income; Illegal income of more than 5000 yuan, and impose a fine of more than 3 times and less than 5 times the illegal income; If there is no illegal income or the illegal income is less than 5,000 yuan, a fine of 5,000 yuan to 20,000 yuan shall be imposed.
Article 41
Personnel engaged in maternal and infant health care technical services who issue false medical certificates shall be given administrative sanctions according to law; In any of the following circumstances, the original issuing department shall revoke the corresponding technical qualification of maternal and infant health care or the doctor's practice certificate:
(a) due to the delay in diagnosis and treatment, resulting in serious consequences;
(2) Causing serious consequences to the physical and mental health of the party concerned;
(3) Causing other serious consequences.
Article 42
In violation of the provisions of these measures, the administrative department of health shall give a warning and order it to stop the illegal act; The person in charge and other persons directly responsible for medical and health institutions shall be given administrative sanctions according to law. If the sex identification of the fetus is carried out for more than two times or for profit, the original issuing authority shall revoke the corresponding maternal and child health care technical qualification or doctor's practice certificate.
Chapter VIII Supplementary Provisions
Article 43
The format of pre-marital medical examination certificate shall be stipulated by the administrative department of health of the State Council.
Article 44
The Law on Maternal and Infant Health Care and the medical and health institutions mentioned in these Measures refer to all kinds of medical institutions at all levels that have obtained the Practice License for Medical Institutions issued by the administrative department of health in accordance with the regulations on the administration of medical institutions.