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

(Adopted at the 15th?Meeting 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 and Healthcare?Services

Chapter III?Medical and Healthcare?Institutions

Chapter IV?Medical and Healthcare Professionals

Chapter V?Guarantee of Medicine Supply

Chapter VI?Health Promotion

Chapter VII?Guarantee?of Funds

Chapter VIII?Supervision and Administration

Chapter IX?Legal Liabilities

Chapter X?Supplementary?Provisions

Chapter I

General Provisions

Article 1?This Law is formulated in accordance with the Constitution of the People's Republic of China for the purposes of developing medical and healthcare?undertakings, ensuring citizens' enjoyment of basic medical and healthcare?services, improving citizens' health and promoting the construction of Healthy China. 

Article 2?This Law shall be applicable to the activities of medical and healthcare?services?delivery,?health promotion activities,?as well as?the?supervision and administration of such activities. 

Article 3?Medical and healthcare?undertakings shall be?people-centered?and serve public health. 

Medical and healthcare undertakings shall?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,?promotes?healthy lifestyle, optimizes?health services, improves?health guarantees,?creates?a healthy environment, develops?the health industry and enhances?citizens'?full-life-cycle?health?conditions. 

The state establishes?a health education system, ensures?citizens'?access?to?health education and improves?citizens'?health literacy. 

Article 5?Citizens shall, in accordance with applicable laws, have the right to receive basic medical and healthcare?services from the state and society. 

The state establishes?a basic medical and healthcare?system,?establishes?and improves?a?medical and healthcare service system, protects?and realizes citizens'?right to?basic medical and healthcare services. 

Article 6?People's governments at all levels shall place people's health at the strategic position of priority development, integrate the idea of health into each and every?policy, focus on prevention, improve the health?promotion system, organize and implement health?promotion programs and activities, carry out national fitness campaigns,?establish?a?health impact assessment?system, and incorporate?the improvement of citizens'?major health indicators into the assessment of government's target responsibilities. 

The whole society shall?care?for?and support the development of medical and healthcare?undertakings. 

Article 7?The State Council and local?people's governments at all levels shall lead the medical,?healthcare and health promotion work. 

The?health department?under the State Council shall be responsible for coordinating the nationwide medical,?healthcare?and health promotion work. Other departments?under the State Council shall be responsible for the medical, healthcare?and?health promotion?work within their respective scopes of responsibility. 

Health departments of governments at the county level?and?above shall be responsible for the medical,?healthcare?and health promotion?work within their respective administrative areas.?Other relevant departments of?governments at the county level and above shall be responsible for the work on medical,?healthcare?and health promotion?work within their respective scopes of responsibility. 

Article 8?The state reinforces?the fundamental scientific?research of medicine, encourages?the innovation of medical science and technology,?supports?the development of clinical medicine,?stimulates?the transformation and application of the achievements in?medical science and technology, advances?the integration of?medical,?healthcare and information technologies, and promotes?appropriate medical and healthcare techniques, so as?to improve the quality of medical and healthcare?services. 

The state develops?medical education,?improves?a medical education system?compatible with?the development of medical and healthcare?undertakings,?and vigorously trains?medical and healthcare?professionals. 

Article 9?The state vigorously develops?the?traditional Chinese medicine?undertaking, attaches equal importance to?both traditional Chinese medicine and Western medicine, combines?inheritance and innovation, and maximizes?the unique role of traditional Chinese medicine in medical,?healthcare and health promotion undertakings. 

Article 10?The state makes rational?planning?and allocation of?medical and healthcare?resources, focuses?on healthcare at the primary level, takes?measures to prioritize the development of medical and healthcare institutions below?the county level,?so as to enhance their capacity?for medical and healthcare service?delivery. 

Article 11?The state increases?fiscal investment in medical and healthcare?undertakings, and helps?old revolutionary base areas, areas with large ethnic minority populations, border areas, and poor?areas to develop?medical and healthcare?undertakings through transfer payment and other methods. 

Article 12?The state encourages?and supports?citizens, legal persons?and?other organizations to participate in medical and healthcare?undertakings?through such methods?as?establishment of?institutions, donation and subsidization?in accordance with law, so as to satisfy citizens'?diverse, differentiated and personalized health needs. 

Citizens, legal persons and?other organizations?who donate properties?to medical and healthcare?undertakings?shall?enjoy preferential tax treatment in accordance with law. 

Article 13?Organizations and individuals making?outstanding?contributions to?medical and healthcare?undertakings shall be commended and rewarded in?accordance with provisions promulgated by the state. 

Article 14?The state encourages?and supports?international exchange?and cooperation in the field of medical and healthcare?service and health promotion. 

International exchange?and cooperation activities?in the field of medical and healthcare service and health promotion shall be carried out in a way that complies with laws and administrative regulations, and upholds state sovereignty,?national security and public interests. 

Chapter II

Basic Medical and Healthcare?Services

Article 15?Basic medical and healthcare services refer to?such services as disease prevention, diagnosis,?treatment, nursing and rehabilitation?that are essential to?maintaining?human health,?adapted?to the level of economic and social development, equitably?accessible by all citizens, and provided through the application of?appropriate medicines, techniques and equipment.

Basic medical and healthcare services?include basic public health services?and basic medical services.?Basic public health services are?provided by the state free?of charge.

Article 16?The state adopts?measures to ensure citizens' access to safe and effective basic public health services,?controls?health risk factors,?and improves?the level of disease prevention?and control.

National basic public health service programs shall be determined by the health department under the State Council in conjunction with the department of finance and the department of traditional Chinese medicine under the State Council.

People's governments of provinces, autonomous regions and municipalities directly under the Central Government?may, on the basis of national basic public health service?programs, determine?supplementary basic public health service?programs?within their respective administrative regions,?and report such programs to the health department under the State Council?for recordation.

Article 17?The State Council and people's governments?of provinces, autonomous regions and municipalities directly under the Central Government?may?incorporate services?for key regions, key diseases and targeted?groups into basic public health service programs and organize the implementation thereof.

People's governments at the county level and above?shall carry out specific prevention and control programs?in light of?major diseases and major health risk factors within their respective administrative regions.

Article 18?People's governments at the county level and above?shall provide basic public health services?through the establishment of?professional public health institutions, primary-level healthcare institutions and hospitals, or through the purchase of services?from other medical and healthcare institutions.

Article 19?The state establishes?and improves?a health?emergency response system, develops?and refines?emergency preparedness and response?plans,?organizes and carries?out such health emergency response?work as?medical treatment, hygiene investigation?and disposal, and psychological assistance?in an emergency, and effectively controls?and eliminates?hazards.

Article 20?The state establishes?an infectious diseases?prevention and control system, develops plans for the prevention and control of?infectious diseases?and?organizes the implementation thereof,?strengthens?infectious diseases surveillance?and warning systems,?and adheres to the principles?of prevention?first,?combination of prevention and treatment,?joint prevention?and control, mobilization of the public?in prevention and control,?prevention and control?at the sources,?and comprehensive?governance, so as to block transmission routes, protect vulnerable?populations, and reduce?hazards of?infectious diseases.

All organizations and individuals shall accept and cooperate with the investigation, inspection, specimen collection, treatment in quarantine, medical observation and other measures taken by medical and healthcare?institutions in accordance with law for the prevention, control and elimination of the hazard?of infectious diseases.

Article 21?The state implements?the vaccination system and strengthens?the immunization?planning work. Residents shall have the right and the obligation to be vaccinated under the immunization program in accordance with law. The government shall provide residents with vaccines in the immunization program free of charge.

Article 22?The state establishes?a chronic non-communicable?diseases prevention, control and manage?system, conducts?monitoring of, investigation?into, and comprehensive intervention in?chronic non-communicable?diseases and pathogenic risk factors?thereof, identifies?high-risk groups in a timely manner, provides?patients and high-risk groups with?such services as diagnosis and treatment, early intervention, follow-up visit and management and health education.

Article 23?The state strengthens?the protection of occupational health.?People's governments at the county level and above?shall develop?prevention and control plans for?occupational diseases, establish and improve occupational health work?mechanism, strengthen supervision over and administration?of occupational health?work, and enhance the capacity for and level of?comprehensive prevention and control of occupational diseases.

Employers?shall control?hazard factors of occupational?diseases, adopt engineering techniques, individual protection, health management and?other comprehensive control measures to improve occupational environments and conditions.

Article 24?The state develops?maternal and child healthcare undertakings, establishes?and improves?a maternal and child healthcare?service system, provides?women and children with healthcare and?common diseases prevention and treatment services, and guarantees?the health of women and children.

The state takes?measures to provide citizens with such services as premarital, pre-pregnancy, pregnancy and post-natal healthcare,?promotes?reproductive health,?and prevents?birth defects.

Article 25?The state develops?the elderly?healthcare undertaking.?The State Council and people's governments?of provinces, autonomous regions and municipalities directly under the Central Government?shall incorporate?health management and common disease?prevention?for the elderly?into basic public health service programs.

Article 26?The state develops?the disability prevention and rehabilitation?undertaking,?improves?the disability prevention?and rehabilitation system and its guarantee system, and takes?measures to provide the disabled with basic rehabilitation services.

People's governments at the county level and above?shall prioritize?rehabilitative services for children with disabilities,?and combine rehabilitation with education.

Article 27?The state establishes?and improves?a pre-hospital first-aid system?to provide timely, standardized?and effective?first-aid services to?patients with acute, severe and life-threatening conditions.

Health departments,?red cross societies, and other relevant departments and organizations shall actively organize first-aid training, disseminate?first-aid knowledge, encourage medical and healthcare?professionals and people who have received?first-aid training to participate in first-aid services at?public places. Public places shall, in compliance with applicable provisions,?be equipped with requisite?first-aid equipment?and facilities.

First-aid centers?(stations) shall not refuse to?provide or delay providing first-aid services to?patients with?acute, severe and life-threatening conditions on grounds?of no-payment of fees.

Article 28?The state develops?the mental health?undertaking, establishes?and improves?the mental health service system, protects?and enhances?citizens'?mental health, and prevents?and treats?mental disorders.

The state takes?measures to strengthen the building of the mental health service?system and ?professional team, promotes?effective connection between mental health education, psychological assessment, psychological counseling and psychological treatment services,?sets up a public interest psychological assistance?hotline, and enhances?mental health services for such key groups as minors, the disabled and the elderly.

Article 29?Basic medical services shall mainly be provided by?government-run?medical and healthcare?institutions. The state encourages medical and healthcare?institutions?run by the private sector?to provide basic medical services.

Article 30?The state promotes tiered referral?system?for basic medical services, directs?non-emergency patients to firstly visit primary-level?healthcare institutions, implements?the accountability system?for?initial?diagnosis and referral review, and gradually establishes?a mechanism characterized by initial diagnosis by?primary-level?healthcare institutions, two-way referral,?separated treatment?of acute and chronic diseases, and vertical coordination, and dovetailed?with?the basic medical insurance system.

People's governments at the county level and above shall, in light of medical and healthcare?needs within their respective regions, integrate government-run medical and healthcare resources?within the regions,?and?establish such?coordinated and collaborative medical services?mechanism as medical consortium in light of local circumstances.?Medical and healthcare institutions?run by private sector?shall be encouraged?to participate in this mechanism.

Article 31?The state promotes?contract-based care provided by family doctors in?primary-level?medical and healthcare institutions, establishes?family doctor service teams?that sign contracts with residents, and provide basic medical and healthcare services in light of residents'?health conditions and medical needs.

Article 32?Citizens shall have the right to informed consent in matters relating to their illness, diagnosis and therapy?plan,?medical risks, and medical expenses?when receiving medical and healthcare?services.

Before?performing?any surgery, special examination or treatment,?medical and healthcare?professionals shall explain medical risks, alternative?therapy plan?and other conditions?to patients in a timely manner?and obtain their consent; if it is not possible or appropriate to?explain such matters to a patient,?they?shall explain them to close relatives of the patient and obtain informed consent?thereof, except as otherwise prescribed by law.

Clinical trials on drugs?or medical devices?and other medical researches?shall comply with?medical ethics,?pass?ethics review?and obtain?informed consent in accordance with law.

Article 33?Citizens shall?be treated with respect when they?receive?medical and healthcare?services. Medical and healthcare institutions,?and medical and healthcare professionals?shall?care for?patients?and treat?patients equally, respect patients'?personal dignity, and protect patients'?privacy.

Citizens shall?comply with rules on diagnosis and treatment, observe?the order of medical and healthcare services, and respect medical and healthcare?professionals.

Chapter III

Medical and Healthcare Institutions 

Article 34?The state establishes?and improves?a?medical and healthcare system composed of?primary-level medical and?healthcare institutions, hospitals, professional public health institutions, among others, and characterized by full?coverage?of urban and rural areas, complementary functions and continuous coordination.

The state strengthens?the construction of county-level?hospitals, town and township health centers, village clinics, community health centers (stations) and professional public health institutions, and establishes?and improves?a rural medical and healthcare service network and?an urban community healthcare service?network.

Article 35?Primary-level medical?and healthcare institutions shall mainly provide such?basic medical and healthcare?services?as disease prevention, healthcare,?health?education, disease management, creation of?residents?health records, diagnosis?and treatment of?common or frequently-occurring?diseases, and rehabilitation and nursing of patients suffering from?certain diseases, accepting?patients referred by?hospitals,?and referring patients beyond their service capacity to hospitals.

Hospitals shall mainly provide?such?medical and healthcare?services?as diagnosis and treatment of diseases,?especially?severe acute?and difficult and complicated diseases, and health education. Moreover, they shall carry out?medical education, training?of medical and healthcare?professionals, and medical scientific researches,?and provide guidance to primary-level medical and?healthcare institutions.

Specialized public health institutions shall mainly provide such?public health services?as prevention and control of infectious diseases,?chronic non-communicable diseases, occupational diseases and endemic diseases,?health education, maternal and child care, mental healthcare, pre-hospital first-aid, blood collection and supply, food safety risk monitoring and evaluation, and birth defects prevention.

Article 36?Medical and healthcare institutions of all types and at all levels shall divide responsibilities and cooperate with each other to?provide citizens with such all-round?and full-life-cycle medical and healthcare?services as disease prevention, healthcare, treatment, nursing, rehabilitation, and palliative care.

People's government at all levels shall take?measures to?support medical and healthcare institutions in establishing cooperation mechanisms with nursing homes for the aged, child welfare institutions and community organizations to provide safe?and?convenient medical and healthcare services for the elderly,?orphans and children with disabilities.

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