The Law of the People's Republic of China on Basic Medical and Health Care and Health Promotion is a law formulated in accordance with the Constitution to develop medical and health care, ensure citizens' access to basic medical and health services, improve citizens' health level, and promote the construction of a healthy China.
On December 28, 2019, it was adopted at the 15th meeting of the Standing Committee of the 13th National People's Congress and implemented on June 1, 2020.[2]
Chinese name
Law of the People's Republic of China on Basic Medical Hygiene and Health Promotion
Date of adoption
December 28, 2019
Adoption of the Conference
The 15th Session of the Standing Committee of the 13th National People's Congress
On September 7, 2018, the Standing Committee of the 13th National People's Congress announced a legislative plan (116 in total). The Law of the People's Republic of China on Basic Health Care and Health Promotion is in the first category: a draft law that is ripe for consideration during its term of office.
Adopted at the 15th Meeting of the Standing Committee of the 13th National People's Congress on December 28, 2019[1]
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general provisions
Chapter II Basic Medical and Health Services
Chapter III Medical and Health Institutions
Chapter IV Medical and Health Personnel
Chapter V Guarantee of Drug Supply
Chapter VI Health Promotion
Chapter VII Fund Guarantee
Chapter VIII Supervision and Management
Chapter IX Legal Liability
Chapter X Supplementary Provisions
general provisions
Article 1 This Law is formulated in accordance with the Constitution with a view to developing medical and health care and health undertakings, ensuring citizens' access to basic medical and health services, improving citizens' health standards, and promoting the building of a healthy China.
Article 2 This Law applies to medical and health care, health promotion and their supervision and administration.
Article 3 The medical, health and health undertakings shall adhere to the principle of taking the people as the center and serving the people's health.
Medical and health undertakings should adhere to the principle of public welfare.
Article 4 The State and society shall respect and protect citizens' right to health.
The state implements the healthy China strategy, popularizes healthy life, optimizes health services, improves health security, builds a healthy environment, develops health industries, and improves the health level of citizens throughout their life cycle.
The State establishes a health education system to ensure citizens' right to health education and improve their health literacy.
Article 5 Citizens shall, according to law, have the right to receive basic medical and health services from the state and society.
The State shall establish a basic medical and health care system, establish a sound medical and health service system, and protect and realize citizens' rights to basic medical and health services.
Article 6 People's governments at all levels should give priority to people's health, integrate the concept of health into various policies, adhere to prevention first, improve the health promotion work system, organize the implementation of health promotion plans and actions, promote fitness for all, establish a health impact assessment system, and incorporate the improvement of citizens' main health indicators into the assessment of government objectives and responsibilities.
The whole society should jointly care for and support the development of medical and health care and health undertakings.
Article 7 The State Council and the local people's governments at various levels shall lead the work of medical, health and health promotion.
The competent department of health under the State Council is responsible for coordinating the work of medical care and health promotion nationwide.Other relevant departments under the State Council shall be responsible for the work of medical and health care and health promotion within the scope of their respective duties.
The competent health departments of the local people's governments at or above the county level shall be responsible for coordinating the medical, health and health promotion work in their respective administrative regions.Other relevant departments of the local people's governments at or above the county level shall be responsible for the work of medical and health care and health promotion within the scope of their respective duties.
Article 8 The State strengthens basic medical science research, encourages medical science and technology innovation, supports the development of clinical medicine, promotes the transformation and application of medical scientific and technological achievements, promotes the integrated development of medical health and information technology, popularizes appropriate medical and health technologies, and improves the quality of medical and health services.
The state develops medical education, improves the medical education system to meet the needs of medical and health development, and vigorously trains medical and health personnel.
Article 9 The State makes great efforts to develop the cause of traditional Chinese medicine, adheres to the principle of attaching equal importance to traditional Chinese medicine and western medicine, combining inheritance with innovation, and gives full play to the unique role of traditional Chinese medicine in medical, health and health undertakings.
Article 10 The State shall rationally plan and allocate medical and health resources, take various measures to give priority to supporting the development of medical and health institutions below the county level, focusing on the grass-roots level, and improve their medical and health service capabilities.
Article 11 The State shall increase financial investment in medical, health and health undertakings, and give priority to supporting the development of medical, health and health undertakings in old revolutionary base areas, ethnic minority areas, border areas and economically underdeveloped areas by increasing transfer payments and other means.
Article 12 The State encourages and supports citizens, legal persons and other organizations to participate in medical, health and health undertakings by means of establishing institutions according to law, donations, subsidies, etc., so as to meet citizens' diversified, differentiated and individualized health needs.
Citizens, legal persons and other organizations that donate assets for medical, health and health undertakings shall enjoy preferential tax treatment according to law.
Article 13 Organizations and individuals who have made outstanding contributions to medical, health and health undertakings shall be commended and rewarded in accordance with State regulations.
Article 14 The State encourages and supports foreign exchanges and cooperation in the field of medical care and health promotion.
In carrying out foreign exchange and cooperation activities in medical, health and health promotion, laws and regulations shall be observed, and national sovereignty, security and social and public interests shall be safeguarded.
Chapter II Basic Medical and Health Services
Article 15 Basic medical and health services refer to the services for disease prevention, diagnosis, treatment, nursing and rehabilitation, which are necessary for the maintenance of human health, are compatible with the level of economic and social development, and can be equitably obtained by citizens, and are provided with appropriate drugs, technologies and equipment.
Basic medical and health services include basic public health services and basic medical services.Basic public health services are provided free of charge by the State.
Article 16 The State takes measures to ensure that citizens enjoy safe and effective basic public health services, control risk factors affecting health and improve the level of disease prevention and control.
The national basic public health service items shall be jointly determined by the competent health department under the State Council in conjunction with the financial department under the State Council and the competent department of traditional Chinese medicine.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, on the basis of the national basic public health service projects, supplement and determine the basic public health service projects in their own administrative regions, and report to the competent health department under the State Council for the record.
Article 17 The State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may incorporate the services for key areas, key diseases and specific groups of people into basic public health services and organize their implementation.
Local people's governments at or above the county level carry out special prevention and control work against major diseases and major health risk factors in their respective administrative regions.
Article 18 People's governments at or above the county level provide basic public health services by establishing specialized public health institutions, grass-roots medical and health institutions and hospitals, or by purchasing services from other medical and health institutions.
Article 19 The State shall establish and improve a health emergency system for emergencies, formulate and improve emergency plans, organize and carry out health emergency work such as medical treatment, hygienic investigation and treatment, and psychological assistance in emergencies, and effectively control and eliminate hazards.
Article 20 The State shall establish a system for the prevention and control of infectious diseases, formulate plans for the prevention and control of infectious diseases and organize their implementation, strengthen the monitoring and early warning of infectious diseases, adhere to the principle of prevention first and combination of prevention and control, joint prevention and control, group prevention and control, prevention and control at the source, and comprehensive treatment, block the channels of transmission, protect vulnerable groups, and reduce the harm of infectious diseases.
Any organization or individual shall accept and cooperate with the medical and health institutions to take measures such as investigation, inspection, sample collection, isolation treatment, medical observation, etc. according to law to prevent, control and eliminate the harm of infectious diseases.
Article 21 The State implements a preventive vaccination system and strengthens immunization planning.Residents have the right and obligation to vaccinate according to the immunization plan.The government provides free immunization program vaccines to residents.
Article 22 The State shall establish a system for the prevention, control and management of chronic non communicable diseases, carry out monitoring, investigation and comprehensive prevention and control intervention on chronic non communicable diseases and their pathogenic risk factors, timely find high-risk groups, and provide patients and high-risk groups with services such as diagnosis and treatment, early intervention, follow-up management and health education.
Article 23 The State shall strengthen occupational health protection.The people's governments at or above the county level should formulate plans for the prevention and control of occupational diseases, establish and improve the working mechanism of occupational health, strengthen the supervision and management of occupational health, and improve the ability and level of comprehensive prevention and control of occupational diseases.
The Employer shall control the occupational disease inductive factors, take comprehensive treatment measures such as engineering technology, individual protection and health management, and improve the working environment and working conditions.
Article 24 The State develops maternal and child health care undertakings, establishes and improves the maternal and child health service system, provides health care and prevention and treatment services for women and children, and ensures the health of women and children.
The State takes measures to provide citizens with premarital health care, health care during pregnancy and childbirth and other services to promote reproductive health and prevent birth defects.
Article 25 The State develops health care for the elderly.The State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall incorporate health management and prevention of common diseases for the elderly into basic public health services.
Article 26 The State develops the cause of disability prevention and rehabilitation of disabled persons, improves the system of disability prevention and rehabilitation of disabled persons and their security, and takes measures to provide basic rehabilitation services for disabled persons.
People's governments at or above the county level shall give priority to the rehabilitation of disabled children and combine rehabilitation with education.
Article 27 The State shall establish and improve the pre hospital first aid system to provide timely, standardized and effective first aid services for patients with acute and critical diseases.
The competent health department, the Red Cross Society and other relevant departments and organizations should actively carry out first aid training, popularize first aid knowledge, and encourage medical and health personnel and trained personnel to actively participate in first aid services in public places.Public places shall be equipped with necessary first-aid equipment and facilities according to regulations.
The first aid center (station) shall not refuse or delay to provide emergency services for patients with critical illness on the ground of non payment.
Article 28 The State develops mental health undertakings, builds and improves a mental health service system, maintains and promotes citizens' mental health, and prevents and treats mental disorders.
The State takes measures to strengthen the construction of the mental health service system and the talent team, promote the effective connection of mental health education, psychological assessment, psychological consultation and psychotherapy services, set up a psychological assistance hotline to provide public welfare services, and strengthen mental health services for key groups such as minors, the disabled and the elderly.
Article 29 Basic medical services are mainly provided by medical and health institutions run by the government.Encourage medical and health institutions run by social forces to provide basic medical services.
Article 30 The State promotes the implementation of a hierarchical diagnosis and treatment system in basic medical services, guides non emergency patients to first go to grass-roots medical and health institutions for medical treatment, implements the first diagnosis responsibility system and the referral review responsibility system, and gradually establishes a mechanism for the first diagnosis at the grass-roots level, two-way referral, quick and slow treatment, and up and down linkage, which is connected with the basic medical insurance system.
Local people's governments at or above the county level, according to the medical and health needs of their own administrative regions, integrate the medical and health resources organized by the governments in the regions, and establish collaborative medical service cooperation mechanisms such as medical consortia according to local conditions.Encourage medical and health institutions organized by social forces to participate in the medical service cooperation mechanism.
Article 31 The State promotes basic medical and health institutions to provide family doctors with contracted services, establish family doctor service teams, sign agreements with residents, and provide basic medical and health services according to the health conditions and medical needs of residents.
Article 32 Citizens receiving medical and health services shall have the right to informed consent according to law on matters such as illness, diagnosis and treatment plans, medical risks and medical expenses.
If it is necessary to carry out surgery, special examination and special treatment, medical and health personnel shall timely explain medical risks, alternative medical schemes, etc. to patients and obtain their consent;If it is impossible or inappropriate to explain to the patient, it shall be explained to the patient's close relatives and obtain their consent.If the law provides otherwise, such provisions shall prevail.
Clinical trials of drugs, medical devices and other medical research shall be carried out in compliance with medical ethics, and informed consent shall be obtained through ethical review according to law.
Article 33 Citizens receiving medical and health services shall be respected.Medical and health institutions and medical and health personnel shall care for and treat patients equally, respect their personal dignity and protect their privacy.
Citizens receiving medical and health services shall abide by the diagnosis and treatment system and the order of medical and health services, and respect medical and health personnel.
Chapter III Medical and Health Institutions
Article 34 The State establishes and improves a medical and health service system consisting of grass-roots medical and health institutions, hospitals, professional public health institutions, etc., which covers both urban and rural areas, complements each other in functions, and coordinates continuously.
The state strengthens the construction of county-level hospitals, township hospitals, village clinics, community health service centers (stations) and professional public health institutions, and establishes and improves rural medical and health service networks and urban community health service networks.
Article 35 Grass roots medical and health institutions mainly provide basic medical and health services such as prevention, health care, health education, disease management, establishment of health records for residents, diagnosis and treatment of common and frequently occurring diseases, rehabilitation and nursing of some diseases, acceptance of patients referred by hospitals, and referral of patients beyond their own service ability to hospitals.
The hospital mainly provides medical and health services such as disease diagnosis and treatment, especially the diagnosis and treatment of critical and difficult diseases, medical treatment and rescue of emergencies, and health education, and carries out medical education, training of medical and health personnel, medical science research, and business guidance to grass-roots medical and health institutions.
Professional public health institutions mainly provide public health services such as prevention and control of infectious diseases, chronic non infectious diseases, occupational diseases, endemic diseases and other diseases, health education, maternal and child health care, mental health, pre hospital first aid, blood collection and supply, food safety risk monitoring and assessment, birth defect prevention and control.
Article 36 Medical and health institutions at all levels and of all types shall divide their work and cooperate to provide citizens with all-round and full cycle medical and health services such as prevention, health care, treatment, nursing, rehabilitation and tranquility care.
People's governments at all levels take measures to support medical and health institutions to establish collaboration mechanisms with elderly care institutions, child welfare institutions and community organizations to provide safe and convenient medical and health services for the elderly, orphans and disabled children.
Article 37 People's governments at or above the county level shall formulate and implement plans for medical and health service systems, scientifically allocate medical and health resources, establish medical and health institutions, and provide guarantee for citizens to obtain basic medical and health services.
When setting up a medical and health institution, the government shall take into account the population, economic and social development, medical and health resources, health risk factors, morbidity, morbidity and emergency treatment needs in the administrative region.
Article 38 The establishment of a medical institution shall meet the following requirements and go through the formalities of examination and approval or filing in accordance with the relevant provisions of the State:
（1） Having a name, organization and place that meet the requirements;
（2） It has funds, facilities, equipment and medical and health personnel appropriate to its business;
（3） There are corresponding rules and regulations;
（4） Be able to bear civil liability independently;
（5） Other conditions stipulated by laws and administrative regulations.
The medical institution has obtained the practice license according to law.It is prohibited to forge, alter, buy, sell, lease or lend the practice license of a medical institution.
The specific conditions and allocation of medical and health institutions at all levels and of all types shall meet the standards for medical and health institutions formulated by the competent health department under the State Council.
Article 39 The State exercises classified management over medical and health institutions.
The medical and health service system insists on taking non-profit medical and health institutions as the main body and profit-making medical and health institutions as the supplement.The government has set up non-profit medical and health institutions to play a leading role in basic medical and health services and ensure the fairness and accessibility of basic medical and health services.
Medical and health institutions that use government funds or donated assets or participate in the establishment of such institutions shall not be established as for-profit medical and health institutions.
Medical and health institutions shall not rent out or contract medical departments.Non profit medical and health institutions shall not distribute or distribute earnings in disguised form to contributors and sponsors.
Article 40 Medical and health institutions run by the government shall adhere to the nature of public welfare, incorporate all revenues and expenditures into budget management, reasonably set up and control the scale according to the plan of medical and health service system.
The State encourages medical and health institutions set up by the government to cooperate with social forces to set up non-profit medical and health institutions.
The medical and health institutions run by the government shall not invest with other organizations to set up medical and health institutions with the status of non independent legal persons, and shall not cooperate with social capital to set up profit-making medical and health institutions.
Article 41 The State takes various measures to encourage and guide social forces to set up medical and health institutions according to law, and to support and regulate cooperation between medical and health institutions set up by social forces and medical and health institutions set up by the government in various types of medical business, discipline construction, personnel training, etc.
Medical and health institutions run by social forces have the same rights as medical and health institutions run by the government in terms of basic medical insurance designation, key specialty construction, scientific research and teaching, grade evaluation, access to specific medical technologies, and professional title evaluation of medical and health personnel.
Social forces can choose to set up non-profit or for-profit medical and health institutions.Non profit medical and health institutions run by social forces shall enjoy the same tax, financial subsidies, land, water, electricity, gas, heat and other policies as medical and health institutions run by the government according to regulations, and shall be subject to supervision and management according to law.
Article 42 The State, on the basis of established medical and health institutions, reasonably plans and sets up national medical centers and national and provincial regional medical centers to diagnose and treat difficult and serious diseases, study and overcome major medical problems, and train high-level medical and health personnel.
Article 43 Medical and health institutions shall abide by laws, regulations and rules, establish and improve internal quality management and control systems, and be responsible for the quality of medical and health services.
Medical and health institutions shall, in accordance with the clinical diagnosis and treatment guidelines, clinical technical operation specifications, industry standards, medical ethics and other relevant requirements, carry out reasonable inspection, medication, diagnosis and treatment, strengthen the prevention of medical and health safety risks, optimize service processes, and continuously improve the quality of medical and health services.
Article 44 The State conducts classified management of the clinical application of medical and health technologies, and strictly manages medical and health technologies that are technically difficult, have high medical risks, and have high requirements for service ability and professional and technical level of personnel.
Medical and health institutions shall carry out clinical application of medical and health technologies in accordance with their functions and tasks, follow the principles of science, safety, standardization, effectiveness and economy, and conform to ethics.
Article 45 The state establishes a modern hospital management system with clear rights and responsibilities, scientific management, perfect governance, efficient operation and strong supervision.
The hospital should formulate the articles of association, establish and improve the corporate governance structure, and improve the medical and health service ability and operational efficiency.
Article 46 The practice place of a medical and health institution is a public place where medical and health services are provided, and no organization or individual may disturb its order.
Article 47 The State improves the medical risk sharing mechanism, encourages medical institutions to participate in medical liability insurance or establish medical risk funds, and encourages patients to participate in medical accident insurance.
Article 48 The State encourages medical and health institutions to constantly improve the technology, equipment and services for prevention, health care, diagnosis, treatment, nursing and rehabilitation, and supports the development of medical and health technologies suitable for use at the grass-roots level and in remote areas.
Article 49 The State promotes health informatization for the whole people, promotes the application and development of health and medical big data, artificial intelligence, etc., speeds up the construction of medical and health information infrastructure, formulates technical standards for the collection, storage, analysis and application of health and medical data, and uses information technology to promote the popularization and sharing of high-quality medical and health resources.
The people's governments at or above the county level and their relevant departments shall take measures to promote the application of information technology in the medical and health field and medical education, and support the exploration and development of new models and formats of medical and health services.
The state takes measures to promote medical and health institutions to establish and improve the medical and health information exchange and information security system, apply information technology to carry out telemedicine services, and build an online and offline integrated medical service model.
Article 50 In the event of natural disasters, accident disasters, public health events, social security events and other emergencies that seriously threaten the lives and health of the people, medical and health institutions and medical and health personnel shall obey the dispatch of government departments and participate in health emergency response and medical treatment.Participants who are ill, disabled or dead shall be given work-related injuries or pensions, martyr praise and other related treatment according to regulations.
Chapter IV Medical and Health Personnel
Article 51 Medical and health personnel shall carry forward the lofty professionalism of respecting and protecting lives, rescuing the dying and healing the wounded, being willing to make contributions, and loving no boundaries, abide by industry norms, scrupulously abide by medical ethics, and strive to improve professional level and service quality.
Medical and health trade organizations, medical and health institutions and medical colleges and universities shall strengthen the education of medical ethics and medical ethics for medical and health personnel.
Article 52 The State formulates training plans for medical and health personnel, establishes a training mechanism and a supply and demand balance mechanism for medical and health personnel that adapt to the characteristics of the industry and social needs, improves the system of medical college education, post graduation education and continuing education, establishes and improves the standardized training system for residents and specialists, and establishes a suitable scale and reasonable structureA well-balanced medical and health team.
The State strengthens the training and use of general practitioners.General practitioners mainly provide diagnosis, treatment, referral, prevention, health care, rehabilitation, chronic disease management, health management and other services for common diseases and frequently occurring diseases.
Article 53 The State applies a practice registration system to medical and health personnel such as doctors and nurses according to law.Medical and health personnel shall obtain corresponding professional qualifications according to law.
Article 54 Medical and health personnel shall abide by the laws of medical science, observe the relevant technical norms of clinical diagnosis and treatment, various operational norms and medical ethics norms, use appropriate technologies and drugs, make reasonable diagnosis and treatment, and treat patients due to illness, and shall not over treat patients.
Medical and health personnel shall not take advantage of their positions to demand or illegally accept property or seek other illegitimate benefits.
Article 55 The State establishes and improves a system of personnel, remuneration and rewards that conforms to the characteristics of the medical and health industry, and reflects the professional characteristics and technical labor value of medical and health personnel.
Medical and health personnel engaged in the prevention and treatment of infectious diseases, radiation medicine, mental health and other special posts shall be given appropriate allowances in accordance with State regulations.The allowance standard shall be adjusted regularly.
Article 56 The State establishes a system whereby medical and health personnel work regularly at the grass-roots level and in difficult and remote areas.
The state takes measures such as targeted free training, counterpart support, retirement and reemployment to strengthen the construction of medical and health teams at the grass-roots level and in difficult remote areas.
A licensed physician who has been promoted to a deputy senior technical title shall have accumulated more than one year's experience in providing medical and health services in medical and health institutions below the county level or with counterpart support.
Medical and health personnel working at the grass-roots level and in difficult and remote areas will be given preferential treatment in terms of salary and allowance, professional title assessment, career development, education and training, commendation and reward, etc.
The state has strengthened the construction of rural medical and health teams, established a career development mechanism linking the county and the countryside, and improved the multi-channel subsidy mechanism for service income and pension policy for rural medical and health personnel.
Article 57 The whole society should care for and respect medical and health personnel, maintain good and safe medical and health service order, and jointly build a harmonious doctor-patient relationship.
The personal safety and dignity of medical and health personnel are inviolable, and their legitimate rights and interests are protected by law.It is forbidden for any organization or individual to threaten or endanger the personal safety of medical and health personnel or infringe upon the personal dignity of medical and health personnel.
The State shall take measures to ensure the working environment for medical and health personnel.
Chapter V Guarantee of Drug Supply
Article 58 The State shall improve the drug supply guarantee system and establish a work coordination mechanism to ensure the safety, effectiveness and accessibility of drugs.
Article 59 The State implements the system of essential drugs, selects an appropriate number of essential drugs to meet the basic drug needs for disease prevention and treatment.
The State publishes the list of essential drugs, and dynamically adjusts the list of essential drugs according to the clinical practice of drugs, changes in drug standards, and new drug listings.
Essential drugs shall be included in the list of drugs for basic medical insurance in priority according to regulations.
The state improves the supply capacity of essential drugs, strengthens the quality supervision of essential drugs, and ensures the fair access and rational use of essential drugs.
Article 60 The State shall establish and improve a drug evaluation and approval system oriented to clinical needs, support the development and production of drugs urgently needed in clinical use, drugs for children, and drugs for the prevention and treatment of rare and serious diseases, and meet the needs of disease prevention and treatment.
Article 61 The State shall establish and improve a system for tracing the whole process of drug development, production, circulation and use, strengthen drug control and ensure drug quality.
Article 62 The State shall establish a sound drug price monitoring system, carry out cost price investigation, strengthen drug price supervision and inspection, investigate and deal with illegal acts such as price monopoly, price fraud and unfair competition according to law, and maintain the order of drug prices.
The State strengthens the management and guidance of classified drug procurement.Bidders participating in drug procurement bidding may not bid at a price lower than the cost, or by fraud, collusion in bidding, abuse of dominant market position, etc.
Article 63 The State shall establish medical reserves at the central and local levels to meet the emergency needs of major disasters, epidemics and other emergencies.
Article 64 The State shall establish a sound drug supply and demand monitoring system, collect, summarize and analyze drug supply and demand information in a timely manner, and regularly publish the production, circulation and use of drugs.
Article 65 The State shall strengthen the management of medical devices, improve the standards and norms of medical devices, and improve the safety and effectiveness of medical devices.
The competent health department under the State Council and the competent health department under the people's government of the province, autonomous region and municipality directly under the Central Government shall, in accordance with the advancement, suitability and accessibility of technology, formulate a plan for the allocation of large-scale medical equipment to promote the rational allocation and full sharing of medical equipment in the region.
Article 66 The State shall strengthen the protection and development of traditional Chinese medicine, fully reflect its characteristics and advantages, and play its role in prevention, health care, medical treatment and rehabilitation.
Chapter VI Health Promotion
Article 67 People's governments at all levels should strengthen the work of health education and the training of professionals, establish a system for the release of core information on health knowledge and skills, popularize health scientific knowledge, and provide scientific and accurate health information to the public.
Medical and health, education, sports, publicity and other institutions, grass-roots mass autonomous organizations and social organizations should carry out the publicity and popularization of health knowledge.When providing medical and health services, medical and health personnel shall carry out health education for patients.The news media shall carry out public welfare publicity of health knowledge.The publicity of health knowledge should be scientific and accurate.
Article 68 The State incorporates health education into the national education system.Schools should use various forms to implement health education, popularize health knowledge, scientific fitness knowledge, first aid knowledge and skills, improve students' awareness of active disease prevention, cultivate students' good health habits and healthy behavior habits, and reduce and improve students' poor health conditions such as myopia and obesity.
Schools shall, in accordance with regulations, offer physical education and health courses and organize students to carry out activities such as broadcast gymnastics, eye health exercises and physical exercise.
The school shall be equipped with school doctors according to regulations, and establish and improve the health room, health care room, etc.
The competent education departments of the people's governments at or above the county level shall, in accordance with regulations, incorporate the students' physical health level into the school assessment system.
Article 69 Citizens are the first responsible person for their own health, establish and practice the concept of health management that is responsible for their own health, actively learn health knowledge, improve health literacy, and strengthen health management.Advocate family members to care for each other and form a healthy lifestyle in line with their own and family characteristics.
Citizens shall respect the health rights and interests of others and shall not harm their health and social and public interests.
Article 70 The State shall organize the investigation and statistics of residents' health status, carry out physique monitoring, evaluate health performance, and formulate and improve laws, regulations, policies and plans related to health according to the evaluation results.
Article 71 The State establishes a system for monitoring, investigating and assessing risks of diseases and health risk factors.People's governments at or above the county level and their relevant departments shall organize and carry out research on health risk factors and formulate comprehensive prevention and control measures against major problems affecting health.
The State shall strengthen the prevention and treatment of environmental problems affecting health, organize and carry out 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 vigorously carries out the patriotic health campaign, encourages and supports mass hygiene and health activities such as the patriotic health month, relies on and mobilizes the masses to control and eliminate health risk factors, improves environmental sanitation, and builds healthy cities, healthy villages and towns, and healthy communities.
Article 73 The State shall establish a scientific and strict system for the supervision and administration of food and drinking water safety to improve safety.
Article 74 The State shall establish a system for monitoring the nutritional status, implement nutrition intervention plans for economically underdeveloped areas and key groups of people, carry out nutrition improvement actions for minors and the elderly, advocate healthy eating habits, and reduce the risk of diseases caused by unhealthy diets.
Article 75 The State develops the cause of fitness for all, improves the public service system for fitness for all covering urban and rural areas, strengthens the construction of public sports facilities, organizes, develops and supports fitness for all activities, strengthens guidance services for fitness for all, and popularizes scientific knowledge and methods of fitness.
The State encourages units to open their sports venues and facilities to the public.
Article 76 The State formulates and implements health work plans for minors, women, the elderly and the disabled, and strengthens health services for key groups of people.
The State promotes long-term care security and encourages the development of long-term care insurance.
Article 77 The State shall improve the sanitary management system of public places.The health and other competent departments of the people's governments at or above the county level shall strengthen health supervision over public places.Health supervision information in public places shall be disclosed to the public according to law.
The business units of public places shall establish, improve and strictly implement the hygiene management system to ensure that their business activities continue to meet the state's hygiene requirements for public places.
Article 78 The State takes measures to reduce the harm of smoking to citizens' health.
Control smoking in public places and strengthen supervision and law enforcement.
Packages of tobacco products shall be printed with warnings indicating the hazards of smoking.
It is prohibited to sell alcohol and tobacco to minors.
Article 79 The employing unit shall create an environment and conditions conducive to the health of its staff and workers, strictly implement the relevant provisions on labor safety and health, actively organize staff and workers to carry out fitness activities, and protect their health.
The State encourages employing units to carry out health guidance for employees.
The State encourages employers to carry out regular health examinations for their employees.Where laws and regulations have provisions on health examination, such provisions shall prevail.
Chapter VII Fund Guarantee
Article 80 People's governments at all levels should earnestly perform their duties to develop medical, health and health undertakings, establish an input mechanism for medical, health and health undertakings that is compatible with economic and social development, financial conditions and health indicators, incorporate medical, health and health promotion funds into the government budget at the corresponding level, and use them mainly to guarantee basic medical services, public health servicesBasic medical security and the construction, operation and development of medical and health institutions run by the government.
Article 81 People's governments at or above the county level shall strengthen the supervision and management of funds through budget, audit, supervision of law enforcement, social supervision, etc.
Article 82 The expenses for basic medical services are mainly paid by the basic medical insurance fund and individuals.The state raises funds for basic medical insurance through multiple channels according to law, and gradually improves the mechanism for sustainable financing of basic medical insurance and adjustment of security level.
Citizens have the right and obligation to participate in basic medical insurance according to law.Employers and employees shall pay basic medical insurance premiums for employees in accordance with state regulations.Urban and rural residents shall pay basic medical insurance premiums for urban and rural residents according to regulations.
Article 83 The State establishes a multi-level medical security system with basic medical insurance as the main body, supplemented by commercial health insurance, medical assistance, mutual medical treatment of employees and medical charity services.
The State encourages the development of commercial health insurance to meet the diverse health security needs of the people.
The State improves the medical assistance system to ensure that eligible people in need have access to basic medical services.
Article 84 The State shall establish and improve the consultation and negotiation mechanism between the basic medical insurance agency and the medical and health institutions designated by agreement, scientifically and rationally determine the payment standard and method of basic medical insurance funds, guide medical and health institutions to make reasonable diagnosis and treatment, promote the orderly flow of patients, and improve the efficiency of the use of basic medical insurance funds.
Article 85 The payment scope of the basic medical insurance fund shall be formulated by the competent medical security department under the State Council, and the opinions of the competent health department, the competent department of traditional Chinese medicine, the drug regulatory department, the financial department, etc. under the State Council shall be listened to.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with the relevant provisions of the State, supplement and determine the specific items and standards for the payment of basic medical insurance funds in their respective administrative regions, and report them to the competent medical security department under the State Council for the record.
The competent medical security department under the State Council shall organize evidence-based medicine and economic evaluation on the list of drugs for basic medical insurance, diagnosis and treatment items, medical service facility standards, etc. included in the payment scope, and shall listen to the opinions of the competent health department under the State Council, the competent department of traditional Chinese medicine, the drug regulatory department, the financial department and other relevant parties.The evaluation results shall be used as the basis for adjusting the payment scope of the basic medical insurance fund.
Chapter VIII Supervision and Management
Article 86 The State establishes and improves a comprehensive medical and health supervision and management system that combines institutional autonomy, industry self-discipline, government supervision and social supervision.
The competent health departments of the people's governments at or above the county level shall localize and supervise the medical and health industry.
Article 87 The competent medical security department of the people's government at or above the county level shall improve the ability and level of medical security supervision, strengthen supervision and management of medical service behaviors and medical expenses included in the payment scope of the basic medical insurance fund, and ensure that the basic medical insurance fund is used reasonably, safely and controllable.
Article 88 The people's government at or above the county level shall organize the departments of health, medical security, drug supervision and administration, development and reform, finance and other departments to establish a communication and consultation mechanism, strengthen system convergence and work cooperation, and improve the efficiency and security level of medical and health resources.
Article 89 People's governments at or above the county level shall regularly report to the people's congresses at the corresponding levels or their standing committees on basic medical and health care and health promotion, and accept supervision according to law.
Article 90 If the relevant departments of the people's governments at or above the county level fail to perform their duties related to medical, health and health promotion, the people's governments at the same level or the relevant departments of the people's governments at higher levels shall interview their main responsible persons.
If the local people's government fails to perform its duties related to medical care and health promotion, the people's government at a higher level shall interview its main responsible person.
The departments and local people's governments interviewed should take immediate measures to rectify.
The interview and rectification shall be included in the work review and assessment records of relevant departments and local people's governments.
Article 91 The competent health department of the local people's government at or above the county level shall establish a performance evaluation system for medical and health institutions, and organize the evaluation of the service quality, medical technology, use of drugs and medical equipment of medical and health institutions.The evaluation shall involve industry organizations and the public.The evaluation results shall be disclosed to the public in an appropriate manner, which shall be used as an important basis for evaluating medical and health institutions and health supervision.
Article 92 The State protects citizens' personal health information and ensures its security.No organization or individual may illegally collect, use, process or transmit citizens' personal health information, or illegally trade, provide or disclose citizens' personal health information.
Article 93 The competent health departments and the competent medical security departments of the people's governments at or above the county level shall establish a credit record system for medical and health institutions and personnel, incorporate it into the national credit information sharing platform, and implement joint punishment in accordance with national regulations.
Article 94 The competent health departments of the local people's governments at or above the county level and the health supervision institutions entrusted by them shall, according to law, carry out the administrative law enforcement work of medical and health in their respective administrative areas.
Article 95 The competent health departments of the people's governments at or above the county level should actively cultivate medical and health industry organizations, play their roles in medical and health promotion, and support them to participate in the formulation of industry management norms and technical standards, as well as medical and health evaluation, assessment and review.
Article 96 The State shall establish a mechanism for preventing and handling medical disputes, properly handle medical disputes and maintain medical order.
Article 97 The State encourages citizens, legal persons and other organizations to conduct social supervision over medical, health and health promotion.
Any organization or individual shall have the right to complain and report to the competent health department and other relevant departments of the people's government at or above the county level any act in violation of the provisions of this Law.
Chapter IX Legal Liability
Article 98 If, in violation of the provisions of this Law, the local people's governments at all levels, the competent health departments of the people's governments at or above the county level and other relevant departments abuse their power, neglect their duties, engage in malpractices for personal gain, the persons directly in charge and other persons directly responsible shall be punished according to law.
Article 99 Anyone who, in violation of the provisions of this Law, practices without obtaining the practice license of a medical institution shall be ordered by the competent health department of the people's government at or above the county level to stop his practice activities, confiscate his illegal income, drugs and medical instruments, and shall also be fined not less than five times but not more than twenty times the illegal income. If the illegal income is less than 10000 yuan, it shall be counted as 10000 yuan.
If anyone, in violation of the provisions of this Law, forges, alters, trades in, leases or lends the practice license of a medical institution, the competent health department of the people's government at or above the county level shall order him to make corrections, confiscate his illegal income, and impose a fine of not less than five times but not more than fifteen times the illegal income. If the illegal income is less than 10000 yuan, it shall be calculated as 10000 yuan;If the circumstances are serious, the practice license of the medical institution shall be revoked.
Article 100 Whoever, in violation of the provisions of this Law, commits one of the following acts shall be ordered by the competent health department of the people's government at or above the county level to make corrections, his illegal income shall be confiscated, and he shall also be fined not less than two times but not more than ten times his illegal income. If the illegal income is less than 10000 yuan, it shall be counted as 10000 yuan;The directly responsible person in charge and other directly responsible persons shall be given sanctions according to law:
（1） Medical and health institutions run by the government and other organizations invest to establish medical and health institutions with non independent legal personality;
（2） Medical and health institutions rent out and contract medical departments;
（3） The non-profit medical and health institutions shall distribute or distribute in disguised form the profits to the contributors and sponsors.
Article 101 If, in violation of the provisions of this Law, the medical information security system and safeguard measures of medical and health institutions are not perfect, leading to the disclosure of medical information, or the medical quality management and medical technology management system and security measures are not perfect, the health and other competent departments of the people's governments at or above the county level shall order them to make corrections and give them a warning,And a fine of not less than 10000 yuan but not more than 50000 yuan;If the circumstances are serious, they may be ordered to stop corresponding practice activities, and the persons directly in charge and other persons directly responsible shall be investigated for legal responsibility according to law.
Article 102 Any medical and health worker who, in violation of the provisions of this Law, commits one of the following acts shall be given administrative punishment by the competent health department of the people's government at or above the county level in accordance with the provisions of laws and administrative regulations concerning the management of medical practitioners and nurses and the prevention and handling of medical disputes:
（1） Taking advantage of his position to ask for or illegally accept property or seek other illegitimate interests;
（2） Disclose personal health information of citizens;
（3） In the process of conducting medical research or providing medical and health services, they failed to perform the obligation of notification as required or violated medical ethics.
The persons mentioned in the preceding paragraph who belong to the medical and health institutions run by the government shall be given sanctions according to law.
Article 103 If, in violation of the provisions of this Law, bidders who participate in drug procurement bidding bid at a price lower than the cost, or bid by means of fraud, collusive bidding, or abuse of dominant market position, the competent medical security department of the people's government at or above the county level shall order them to make corrections and confiscate their illegal income;If the bidder wins the bid, it shall be invalid, and a fine of not less than 0.5% but not more than 10% of the amount of the winning project shall be imposed, and the legal representative, the main person in charge, the directly responsible person in charge and other responsible persons shall be imposed a fine of not less than 5% but not more than 10% of the amount of the fine imposed on the unit;If the circumstances are serious, they shall be disqualified from participating in drug procurement bidding within two to five years and announced.
Article 104 Whoever, in violation of the provisions of this Law, defrauds basic medical insurance benefits by fraud, forgery of evidentiary materials or other means, or defrauds basic medical insurance funds by fraud, forgery of evidentiary materials or other means,The competent medical security department of the people's government at or above the county level shall impose administrative penalties in accordance with the laws and administrative regulations on social insurance.
Article 105 Whoever, in violation of the provisions of this Law, disturbs the order of the practice places of medical and health institutions, threatens or endangers the personal safety of medical and health personnel, infringes upon the personal dignity of medical and health personnel, illegally collects, uses, processes or transmits citizens' personal health information, illegally trades in, provides or makes public citizens' personal health information, etc., which constitutes an act against the administration of public security,Administrative penalties for public security shall be imposed according to law.
Article 106 Anyone who violates the provisions of this Law and constitutes a crime shall be investigated for criminal responsibility according to law;If it causes personal or property damage, it shall bear civil liability according to law.
Chapter X Supplementary Provisions
Article 107 For the purposes of this Law, the following terms mean:
（1） The main health indicators refer to life expectancy per capita, maternal mortality, infant mortality, and under five mortality.
（2） Medical and health institutions refer to grass-roots medical and health institutions, hospitals and professional public health institutions.
（3） Grass roots medical and health institutions refer to township hospitals, community health service centers (stations), village clinics, infirmaries, outpatient departments and clinics.
（4） Specialized public health institutions refer to disease prevention and control centers, specialized disease prevention and control institutions, health education institutions, emergency centers (stations), blood stations, etc.
（5） Medical and health personnel refer to medical professionals such as licensed doctors, licensed assistant doctors, registered nurses, pharmacists, laboratory technicians, imaging technicians and rural doctors.
（6） Essential drugs refer to the drugs that meet the basic drug demand for disease prevention and control, adapt to the basic national conditions and guarantee ability at this stage, have appropriate dosage forms, reasonable prices, can guarantee supply, and can be obtained fairly.
Article 108 Provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts and autonomous prefectures may, in the light of their actual conditions, formulate specific measures for the development of medical, health and health services in their respective areas.
Article 109 The State Council and the Central Military Commission shall, in accordance with this Law, formulate administrative measures for the medical, health and health promotion work of the Chinese People's Liberation Army and the Chinese People's Armed Police Force.
Article 110 This Law shall come into force as of June 1, 2020.[2]
