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xinhua news agency, beijing, December 28th

Basic Health Care and Health Promotion Law of the People's Republic of China
(Adopted at the 15th Meeting of the Standing Committee of the 13th National People's Congress on December 28, 2019)

Implemented June 1, 2020

Directory

Chapter I General Provisions

Chapter II Basic Medical and Health Services

Chapter III Medical and Health Institutions

Chapter IV Medical and Health Personnel

Chapter V Drug Supply Guarantee

Chapter VI Health Promotion

Chapter VII Guarantee of Funds

Chapter VIII Supervision and Administration

Chapter IX Legal Liability

Chapter X Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is formulated in accordance with the Constitution for the purpose of developing medical, health and health undertakings, ensuring that citizens enjoy basic medical and health services, improving citizens' health standards, and promoting the construction of a healthy China.

Article 2 This Law shall apply to medical and health care, health promotion and supervision and management activities.

Article 3 Medical and health undertakings shall adhere to the people-centered approach and serve the people's health.

Medical and health services 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, popularizes healthy life, optimizes health services, improves health protection, builds a healthy environment, develops health industries, and improves the health level of citizens throughout the life cycle.

The state establishes a health education system to protect citizens' right to health education and improve citizens' health literacy.

Article 5 Citizens shall enjoy the right to obtain basic medical and health services from the State and society in accordance with the law.

The State establishes a basic medical and health system, establishes a sound medical and health service system, and protects and realizes citizens' right to basic medical and health services.

Article 6 people's governments at all levels shall give priority to people's health, integrate the concept of health into various policies, give priority to prevention, improve the health promotion system, organize and implement health promotion plans and actions, promote national fitness, 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 shall 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 direct the medical and health care and health promotion work.

The competent department of health under the State Council shall be responsible for the overall planning and coordination of medical and health care and health promotion throughout the country. Other relevant departments of the State Council shall be responsible for the relevant medical and health care and health promotion work 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 the overall coordination of the medical and health promotion work within their respective administrative regions. Other relevant departments of the local people's governments at or above the county level shall be responsible for the relevant medical and health promotion work within the scope of their respective duties.

Article 8 The State strengthens basic medical scientific research, encourages innovation in medical science and technology, supports the development of clinical medicine, promotes the transformation and application of medical scientific and technological achievements, promotes the integrated development of medical and health care and information technology, promotes appropriate medical and health technology, and improves the quality of medical and health services.

The State develops medical education, improves the medical education system that meets the needs of the development of medical and health services, and vigorously cultivates medical and health personnel.

Article 9 The State vigorously develops the cause of traditional Chinese medicine, adheres to the combination of equal emphasis on Chinese and Western medicine, inheritance and innovation, and gives full play to the unique role of traditional Chinese medicine in medical and health undertakings.

Article 10 The State shall rationally plan and allocate medical and health resources, focus on the grass-roots level, take various measures to give priority to supporting the development of medical and health institutions below the county 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.

Article 12 The State encourages and supports citizens, legal persons and other organizations to participate in medical, health and health undertakings by means of organizing institutions, donations and financial assistance in accordance with the law, so as to meet the diversified, differentiated and personalized health needs of citizens.

Citizens, legal persons and other organizations that donate property for medical and health services shall enjoy tax incentives in accordance with the law.

Article 13 Organizations and individuals that have made outstanding contributions to medical 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 and health care and health promotion.

To carry out foreign exchange and cooperation activities in medical, health and health promotion, we should abide by laws and regulations and safeguard national sovereignty, security and social and public interests.

Chapter II Basic Medical and Health Services

Article 15: Basic medical and health services refer to disease prevention, diagnosis, treatment, and care that are necessary for the maintenance of human health, are compatible with the level of economic and social development, and are fairly available to citizens, using appropriate drugs, appropriate technologies, and appropriate equipment. And rehabilitation services.

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

Article 16 The State shall take measures to ensure that citizens enjoy safe and effective basic public health services, control dangerous 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 department of health under the State Council in conjunction with the financial department of 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 items, supplement and determine the basic public health service items of their administrative regions, and report to the health department of 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 services for key areas, key diseases, and specific groups of people into basic public health service projects and organize their implementation.

Local people's governments at or above the county level shall carry out special prevention and control work for major diseases and major health risk factors in their respective administrative areas.

Article 18 People's governments at or above the county level shall provide basic public health services by establishing specialized public health institutions, primary medical and health institutions and hospitals, or by purchasing services from other medical and health institutions.

Article 19 The State shall establish and improve the health emergency response system for emergencies, formulate and improve emergency plans, organize and carry out health emergency work such as medical treatment, hygienic investigation and disposal, and psychological assistance for emergencies, so as to 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, give priority to prevention, combine prevention and control, joint prevention and control, group prevention and control, source prevention and control, and comprehensive management, block the routes of transmission, protect susceptible people, and reduce the harm of infectious diseases.

Any organization or individual shall accept and cooperate with the investigation, inspection, sample collection, isolation treatment, medical observation and other measures taken by medical and health institutions in accordance with the law to prevent, control and eliminate the harm of infectious diseases.

Article 21 The State shall implement a vaccination system and strengthen immunization programs. Residents have the right and obligation to receive immunization program vaccines in accordance with the law. 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, identify high-risk groups in a timely manner, and provide services such as diagnosis and treatment, early intervention, follow-up management and health education for patients and high-risk groups.

Article 23 The State shall strengthen occupational health protection. People's governments at or above the county level shall formulate occupational disease prevention and control plans, establish and improve occupational health work mechanisms, strengthen occupational health supervision and management, and improve the ability and level of comprehensive prevention and control of occupational diseases.

The employer shall control the hazardous factors of occupational diseases, take comprehensive control measures such as engineering technology, individual protection and health management, and improve the working environment and working conditions.

Article 24 The State shall develop maternal and child health care, establish and improve the maternal and child health service system, provide women and children with health care and common disease prevention and control services, and ensure the health of women and children.

The State takes measures to provide citizens with such services as pre-marital health care and maternal health care, so as to promote reproductive health and prevent birth defects.

Article 25 The State shall develop health care for the elderly. The State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall include the health management of the elderly and the prevention of common diseases into the basic public health services.

Article 26 The State shall develop the cause of disability prevention and rehabilitation of persons with disabilities, improve the system of disability prevention and rehabilitation of persons with disabilities and their security, and take measures to provide basic rehabilitation services for persons with disabilities.

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 departments of health and health, the Red Cross and other relevant departments and organizations shall actively carry out first aid training, popularize first aid knowledge, and encourage medical and health personnel and personnel who have received first aid training to actively participate in first aid services in public places. Public places shall be equipped with necessary first-aid equipment and facilities in accordance with the provisions.

The first-aid center (station) shall not refuse or delay the provision of first-aid services to the critically ill patients on the grounds of unpaid fees.

Article 28 The State develops mental health undertakings, builds and improves the mental health service system, maintains and improves the mental health of citizens, and prevents and treats mental disorders.

The state takes measures to strengthen the construction of the mental health service system and the talent team, promote the effective connection between mental health education, psychological assessment, psychological consultation and psychological treatment services, set up psychological assistance hotlines to provide public welfare services, and strengthen the mental health services for minors, the disabled and the elderly and other key groups.

Article 29 Basic medical services shall mainly be provided by government-run medical and health institutions. Medical and health institutions run by social forces are encouraged to provide basic medical services.

Article 30 The state promotes the implementation of a hierarchical diagnosis and treatment system for basic medical services, guides non-emergency patients to first go to primary medical and health institutions, implements the first diagnosis responsibility system and the referral review responsibility system, and gradually establishes the first diagnosis at the grassroots level, two-way referral, and emergency and slow The mechanism of separation and treatment, upper and lower linkage, and convergence with the basic medical insurance system.

Local people's governments at or above the county level shall, in accordance with the medical and health needs of their respective administrative regions, integrate the medical and health resources organized by the governments in the region, and establish coordinated 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 shall promote the implementation of contracted services by family doctors in primary medical and health institutions, establish family doctor service teams, sign agreements with residents, and provide basic medical and health services according to the health status and medical needs of residents.

Article 32 Citizens who receive medical and health services shall have the right to informed consent in accordance with the 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 or special treatment, the medical and health personnel shall timely explain the medical risks and alternative medical schemes to the patients and obtain their consent; if it is impossible or inappropriate to explain to the patients, it shall explain to the close relatives of the patients and obtain their consent. Where the law provides otherwise, such provisions shall prevail.

The conduct of clinical trials of drugs, medical devices and other medical research shall comply with medical ethical norms, pass ethical review in accordance with the law, and obtain informed consent.

Article 33 Medical and health services received by citizens shall be respected. Medical and health institutions and medical and health personnel shall care for and treat patients equally, respect the personal dignity of patients, and protect the privacy of patients.

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 composed of primary medical and health institutions, hospitals, and professional public health institutions that covers all urban and rural areas, has complementary functions, and is continuously coordinated.

The State strengthens the construction of county-level hospitals, township health centers, village clinics, community health service centers (stations) and specialized public health institutions, and establishes and improves rural medical and health service networks and urban community health service networks.

Article 35 Primary medical and health institutions mainly provide basic medical and health services such as prevention, health care, health education and disease management, establishment of health records for residents, diagnosis and treatment of common and frequently-occurring diseases, rehabilitation and nursing of some diseases, receiving hospital referrals of patients, and referral of patients beyond their own service capacity to hospitals.

The hospital mainly provides medical and health services such as disease diagnosis and treatment, especially the diagnosis and treatment of acute and critical diseases and difficult diseases, emergency medical treatment and rescue, and health education, and carries out medical education, medical and health personnel training, medical scientific research and business guidance to primary medical and health institutions.

Professional public health institutions mainly provide infectious diseases, chronic non-communicable diseases, occupational diseases, endemic diseases and other disease prevention and control and health education, maternal and child health care, mental health, pre-hospital first aid, blood collection and supply, food safety risk monitoring and assessment, birth defect prevention and control, etc. Public health services.

Article 36 Medical and health institutions at all levels and of all types shall divide their work and cooperate to provide citizens with comprehensive and full-cycle medical and health services such as prevention, health care, treatment, nursing, rehabilitation, and hospice care.

People's governments at all levels have taken measures to support medical and health institutions to establish cooperation 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 the medical and health service system, scientifically allocate medical and health resources, establish medical and health institutions, and provide guarantees for citizens to obtain basic medical and health services.

When setting up medical and health institutions, the government shall take into account the population, economic and social development, medical and health resources, health risk factors, morbidity, prevalence and emergency treatment needs of the administrative region.

Article 38 The establishment of a medical institution shall meet the following conditions and go through the examination and approval or filing procedures in accordance with the relevant provisions of the State:

The (I) has a name, organization and site that meets the requirements;

The (II) has funds, facilities, equipment and medical and health personnel appropriate to its operations;

(III) have corresponding rules and regulations;

(IV) can independently bear civil liability;

(V) other conditions stipulated by laws and administrative regulations.

Medical institutions have obtained a practice license in accordance with the law. It is prohibited to forge, alter, buy, sell, lease or lend the practice license of a medical institution.

The specific conditions and configuration of various types of medical and health institutions at all levels shall comply with the standards for medical and health institutions formulated by the competent department of health under the State Council.

Article 39 The State shall exercise 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 for-profit medical and health institutions as the supplement. The government organizes non-profit medical and health institutions to play a leading role in basic medical and health undertakings to ensure that basic medical and health services are fair and accessible.

Medical and health institutions held or participated in with government funds or donated assets shall not be established as profit-making medical and health institutions.

Medical and health institutions shall not lease or contract medical departments. Non-profit medical and health institutions shall not distribute or disguise the proceeds to the funders or organizers.

Article 40 Government-sponsored medical and health institutions shall adhere to the public welfare nature, all revenues and expenditures shall be included in the budget management, and the scale shall be reasonably set up and controlled in accordance with the medical and health service system planning.

The State encourages government-run medical and health institutions to cooperate with social forces to establish non-profit medical and health institutions.

Medical and health institutions run by the government shall not invest with other organizations to establish medical and health institutions with non-independent legal personality, and shall not cooperate with social capital to establish profit-making medical and health institutions.

Article 41 The State shall take various measures to encourage and guide social forces to set up medical and health institutions in accordance with the law, support and regulate cooperation between medical and health institutions run by social forces and medical and health institutions run by the government in carrying out various types of medical business, discipline construction and personnel training.

Medical and health institutions run by social forces enjoy the same rights as medical and health institutions run by the government in terms of fixed-point basic medical insurance, construction of key Junior College, scientific research and teaching, grade evaluation, access to specific medical technology, and evaluation of professional titles of medical and health personnel.

Social forces may choose to establish non-profit or for-profit medical and health institutions. Non-profit medical and health institutions run by social forces shall enjoy the same policies of taxation, financial subsidies, land use, water use, electricity use, gas use, heat use and other policies as medical and health institutions run by the government, and shall be subject to supervision and management in accordance with the law.

Article 42 The State shall, on the basis of established medical and health institutions, rationally plan and set up national medical centers and national and provincial regional medical centers to diagnose and treat difficult and severe 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 relevant requirements of clinical diagnosis and treatment guidelines, clinical technical operation norms, industry standards and medical ethics norms, conduct reasonable examination, 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 shall classify and manage the clinical application of medical and health technologies, and strictly manage medical and health technologies with high technical difficulties, high medical risks, and high requirements for service capabilities and professional skills of personnel.

The clinical application of medical and health technology in medical and health institutions should be compatible with their functional tasks, follow the principles of science, safety, standardization, effectiveness, and economy, and conform to ethics.

Article 45 The State shall establish a modern hospital management system with clear powers and responsibilities, scientific management, sound governance, efficient operation and strong supervision.

Hospitals should formulate articles of association, establish and improve the corporate governance structure, and improve the capacity and operational efficiency of medical and health services.

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 shall improve the medical risk-sharing mechanism, encourage medical institutions to participate in medical liability insurance or establish medical risk funds, and encourage patients to participate in medical accident insurance.

Article 48 The State shall encourage medical and health institutions to continuously improve the technologies, equipment and services for prevention, health care, diagnosis, treatment, nursing and rehabilitation, and support the development of medical and health technologies suitable for application at the grass-roots level and in remote areas.

Article 49 The state promotes the informatization of national health, promotes the application and development of health care big data, artificial intelligence, etc., accelerates the construction of medical and health information infrastructure, formulates technical standards for the collection, storage, analysis and application of health care data, and uses Information technology promotes the popularization and sharing of high-quality medical and health resources.

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 field of medical and health care and medical education, and support the exploration and development of new models and new business formats for medical and health services.

The state takes measures to promote the establishment and improvement of medical and health information exchange and information security systems in medical and health institutions, apply information technology to carry out telemedicine services, and build an integrated online and offline medical service model.

Article 50 In the event of natural disasters, accidents, public health incidents, social security incidents 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. The participants who suffer from illness, disability or death shall be given relevant treatment such as work-related injury or pension and martyr praise in accordance with the provisions.

Chapter IV Medical and Health Personnel

Article 51 Medical and health personnel shall carry forward the lofty professional spirit of respecting lives, saving lives, being willing to contribute, and loving boundless, abide by industry standards, abide by medical ethics, and strive to improve professional standards and service quality.

Medical and health industry organizations, medical and health institutions, and medical colleges and universities shall strengthen medical ethics education for medical and health personnel.

Article 52 The State formulates plans for the training of medical and health personnel, establishes a mechanism for the training of medical and health personnel and a mechanism for balancing supply and demand that meets the characteristics of the industry and the needs of society, and improves the system of education, post-graduation education and continuing education in medical colleges and universities. we will establish a standardized training system for resident and Junior College doctors, and establish a medical and health team with an appropriate scale, reasonable structure and balanced distribution.

The State strengthens the training and use of general practitioners. General practitioners mainly provide services such as diagnosis, treatment and referral, prevention, health care, and rehabilitation of common and frequently-occurring diseases, as well as chronic disease management and health management.

Article 53 The State shall, in accordance with law, implement a practice registration system for medical and health personnel such as doctors and nurses. Medical and health personnel shall obtain corresponding professional qualifications in accordance with the law.

Article 54 Medical and health personnel shall follow the laws of medical science, abide by the relevant technical specifications for clinical diagnosis and treatment, various operating specifications and medical ethics, use appropriate technologies and drugs, make reasonable diagnosis and treatment, and treat patients due to illness, and shall not implement excessive medical treatment for 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 shall establish and improve the personnel, remuneration and reward systems in line with the characteristics of the medical and health industry, reflecting 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 and mental health, as well as other medical and health personnel working in special posts, shall be given appropriate allowances in accordance with the provisions of the State. The standard of allowance shall be adjusted periodically.

Article 56 The State shall establish a system under which medical and health personnel regularly go to grass-roots units and remote areas to engage in medical and health work.

The state has adopted measures such as targeted free training, counterpart support, and retirement and reemployment to strengthen the construction of medical and health teams at the grassroots level and in difficult and remote areas.

If a medical practitioner is promoted to a deputy senior technical title, he shall have accumulated more than one year of experience in providing medical and health services in medical and health institutions below the county level or supported by counterparts.

Medical and health personnel working at the grass-roots level and in difficult and remote areas shall be given preferential treatment in terms of salary and allowances, evaluation of professional titles, career development, education and training, commendation and rewards.

The state strengthens the construction of rural medical and health teams, establishes a career development mechanism that connects counties and villages, and improves the multi-channel subsidy mechanism for service income and pension policies for rural medical and health personnel.

Article 57 The whole society shall care for and respect medical and health personnel, maintain a good and safe medical and health service order, and jointly build a harmonious doctor-patient relationship.

The personal safety and personal dignity of medical and health personnel shall not be infringed upon, and their legitimate rights and interests shall be protected by law. Any organization or individual is prohibited from threatening or endangering the personal safety of medical and health personnel or infringing upon the personal dignity of medical and health personnel.

The State shall take measures to safeguard the working environment of medical and health personnel.

Chapter V Drug Supply Guarantee

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 shall implement an essential medicine system and select an appropriate number of essential medicines to meet the needs of essential medicines for disease prevention and treatment.

The state publishes the catalogue of essential drugs, and makes dynamic adjustments to the catalogue of essential drugs according to the practice of clinical application of drugs, changes in drug standards, and the situation of new drugs on the market.

Essential drugs are given priority to be included in the basic medical insurance drug list in accordance with the provisions.

The State will improve the supply capacity of essential drugs, strengthen the quality supervision of essential drugs, and ensure fair, accessible and rational use of essential drugs.

Article 60 The State shall establish and improve a drug review and approval system oriented to clinical needs, support the development and production of clinically urgently needed drugs, children's drugs, and drugs for the prevention and treatment of rare diseases and major diseases, so as to meet the needs of disease prevention and treatment.

Article 61 The State shall establish and improve the traceability system for the whole process of drug development, production, circulation and use, strengthen drug management and ensure drug quality.

Article 62 The State shall establish and improve the drug price monitoring system, carry out cost price investigation, strengthen drug price supervision and inspection, investigate and deal with price monopoly, price fraud, unfair competition and other illegal acts in accordance with the 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 shall not bid at a price lower than the cost, and shall not bid by means of fraud, collusion in bidding, abuse of market dominance, etc.

Article 63 The State establishes medical reserves at the central and local levels to guarantee the emergency needs of major disasters, epidemics and other emergencies.

Article 64 The State shall establish and improve the monitoring system of drug supply and demand, 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 department of health under the State Council and the competent departments of health of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the advanced nature, suitability and accessibility of technology, formulate plans for the allocation of large-scale medical equipment, and 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 the characteristics and advantages of traditional Chinese medicine, and give full play to its role in prevention, health care, medical treatment and rehabilitation.

Chapter VI Health Promotion

Article 67 People's governments at all levels shall strengthen health education and the training of professionals, establish a system for the release of core information on health knowledge and skills, popularize health science knowledge, and provide the public with scientific and accurate health information.

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 should carry out public welfare publicity of health knowledge. The propaganda 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 hygiene habits and healthy behavior habits, and reduce and improve students' myopia and obesity. And other bad health conditions.

Schools shall, in accordance with the provisions, offer physical education and health courses and organize students to carry out radio gymnastics, eye exercises, physical exercise and other activities.

The school is equipped with school doctors in accordance with the regulations, and the establishment and improvement of health rooms and health care rooms.

The competent education department of the people's government at or above the county level shall, in accordance with the provisions, incorporate the physical health level of students into the school assessment system.

Article 69 Citizens are the first responsible person for their own health, establish and practice the health management concept of being responsible for their own health, actively learn health knowledge, improve health literacy, and strengthen health management. Advocate family members to love 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 the health and public interests of others.

Article 70 The State shall organize surveys and statistics on the health status of residents, carry out physical fitness monitoring, evaluate health performance, and formulate and improve health-related laws, regulations, policies and plans based on the evaluation results.

Article 71 The State shall establish a system for the surveillance, investigation and risk assessment of diseases and health risk factors. The 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 in view of the main problems affecting health.

The State strengthens the prevention and control of environmental problems affecting health, organizes and conducts research on the impact of environmental quality on health, and takes measures to prevent and control diseases related to environmental problems.

Article 72 The State shall vigorously carry out patriotic health campaigns, encourage and support the development of mass health and health activities such as the Patriotic Health Month, rely on and mobilize the masses to control and eliminate health risk factors, improve environmental sanitation, and build healthy cities, healthy villages and towns, Healthy communities.

Article 73 The State establishes a scientific and strict supervision and management system for the safety of food and drinking water to improve the safety level.

Article 74 The state establishes a nutritional status monitoring system, implements nutrition intervention plans for economically underdeveloped areas and key groups, carries out nutrition improvement actions for minors and the elderly, advocates healthy eating habits, and reduces the risk of diseases caused by unhealthy diets.

Article 75 The State develops the cause of national fitness, improves the public service system for national fitness covering urban and rural areas, strengthens the construction of public sports facilities, organizes and supports national fitness activities, strengthens national fitness guidance services, and popularizes scientific fitness knowledge and methods.

The state encourages the sports venues and facilities of units to be open to the public.

Article 76 The State shall formulate and implement health work plans for minors, women, the elderly and the disabled, and strengthen 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 health management system of public places. The health and other competent departments of the people's governments at or above the county level shall strengthen the health supervision of public places. Health supervision information in public places shall be disclosed to the public according to law.

A public place business entity shall establish, improve and strictly implement a health management system to ensure that its business activities continue to meet the state's health requirements for public places.

Article 78 The State shall take measures to reduce the harm of smoking to citizens' health.

Control smoking in public places, strengthen supervision and law enforcement.

The packaging of tobacco products should be printed with warnings explaining the hazards of smoking.

The sale of alcohol and tobacco to minors is prohibited.

Article 79 The employing unit shall create an environment and conditions conducive to the health of its employees, strictly implement the relevant provisions on labor safety and health, actively organize employees to carry out fitness activities, and protect the health of employees.

The State encourages the employing units to carry out the work of providing health guidance to employees.

The State advocates that employers carry out regular health examinations for their employees. Where laws and regulations have provisions on health examination, such provisions shall be followed.

Chapter VII Guarantee of Funds

Article 80 people's governments at all levels shall earnestly perform their duties of developing medical, health and health undertakings, establish an investment mechanism for medical, health and health undertakings commensurate with economic and social development, financial situation and health indicators, incorporate medical, health and health promotion funds into the government budget at the corresponding level, In accordance with the provisions, it is mainly used to ensure the construction, operation and development of basic medical services, public health services, basic medical security and government-sponsored medical and health institutions.

Article 81 People's governments at or above the county level shall strengthen the supervision and management of funds through budgeting, auditing, supervision of law enforcement, social supervision and other means.

Article 82 The expenses for basic medical services shall mainly be paid by the basic medical insurance fund and individuals. The State shall raise funds for basic medical insurance through various channels in accordance with the law, and gradually improve the mechanism for adjusting the sustainable financing and security level of basic medical insurance.

Citizens have the right and obligation to participate in basic medical insurance in accordance with the law. Employers and employees shall pay the basic medical insurance premiums for employees in accordance with the provisions of the State. Urban and rural residents in accordance with the provisions of the basic medical insurance premiums for urban and rural residents.

Article 83 The State establishes a multi-level medical security system with basic medical insurance as the main body and commercial health insurance, medical assistance, mutual medical care for employees and medical charity services as supplements.

The State encourages the development of commercial health insurance to meet the diverse health protection needs of the people.

The State has improved 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 agencies and the agreed designated medical and health institutions, scientifically and reasonably determine the payment standards and payment methods of the basic medical insurance fund, guide the medical and health institutions to make reasonable diagnosis and treatment, and promote patients Orderly flow and improve the efficiency of the use of basic medical insurance funds.

Article 85 the scope of payment of the basic medical insurance fund shall be formulated by the competent department of medical security under the State Council, and shall listen to the opinions of the competent department of health and health, the competent department of traditional Chinese medicine, the drug supervision and administration department and the financial department under the State Council.

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, additionally determine the specific items and standards for the payment of basic medical insurance funds in their respective administrative areas, and report to the competent department of medical security under the State Council for the record.

The competent department of medical security under the State Council shall carry out evidence-based medicine and economic evaluation on the basic medical insurance drug catalogue, diagnosis and treatment items, medical service facility standards and other organizations included in the scope of payment, and shall listen to the opinions of the competent department of health under the State Council, the competent department of traditional Chinese medicine, the drug supervision and administration department, the financial department and other relevant parties. The evaluation results should be used as the basis for adjusting the payment scope of the basic medical insurance fund.

Chapter VIII Supervision and Administration

Article 86 The State shall establish and improve a comprehensive medical and health supervision and management system that combines institutional autonomy, industry self-discipline, government supervision, and social supervision.

The competent department of health of the people's government at or above the county level shall carry out localized and industry-wide supervision and management of the medical and health industry.

Article 87 The 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 the supervision and management of medical service behaviors and medical expenses included in the payment scope of the basic medical insurance fund, and ensure the rational use of the basic medical insurance fund. Safe and controllable.

Article 88 people's governments at or above the county level shall organize health, medical security, drug supervision and administration, development and reform, finance and other departments to establish communication and consultation mechanisms, strengthen system convergence and work cooperation, and improve the efficiency of the use of medical and health resources and the level of security.

Article 89 People's governments at or above the county level shall regularly report their basic medical and health promotion work to the people's congresses or their standing committees at the corresponding levels, and accept supervision in accordance with the 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 and health promotion, the people's governments at the corresponding levels or the relevant departments of the people's governments at higher levels shall interview their principal responsible persons.

If the local people's government fails to perform the relevant duties of medical and health promotion, the people's government at a higher level shall interview its main responsible person.

The department interviewed and the local people's government shall immediately take measures to carry out rectification.

The interview and rectification shall be included in the work appraisal and assessment records of the relevant departments and local people's governments.

Article 91 The competent department of health 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, drug and medical equipment use of medical and health institutions. The assessment should involve industry organizations and the public. The results of the assessment shall be made public to the public in an appropriate manner as an important basis for evaluating medical and health institutions and health supervision.

Article 92 The State protects citizens' personal health information and ensures the safety of citizens' personal health information. 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 departments of health and medical security 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 the provisions of the state.

Article 94 The competent department of health of the local people's government at or above the county level and the health supervision agency entrusted by it shall carry out administrative law enforcement work such as medical and health care in its administrative area in accordance with the law.

Article 95 the competent health departments of the people's governments at or above the county level shall actively cultivate medical and health industry organizations, give full play to their role in medical and health promotion, and support them to participate in the work of industry management norms, the formulation of technical standards, and medical and health evaluation, evaluation, evaluation and evaluation.

Article 96 The State establishes a mechanism for the prevention and handling of medical disputes to properly handle medical disputes and maintain medical order.

Article 97 The State encourages citizens, legal persons and other organizations to exercise social supervision over medical, health and health promotion.

Any organization or individual shall have the right to complain and report to the competent department of health and other relevant departments of the people's government at or above the county level for acts in violation of the provisions of this Law.

Chapter IX Legal Liability

Article 98 Where, in violation of the provisions of this Law, the local people's governments at all levels, the competent departments of health and health of the people's governments at or above the county level and other relevant departments abuse their powers, neglect their duties or 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 violates the provisions of this law and practices without obtaining a medical institution's practice license shall be ordered by the competent health department of the people's government at or above the county level to stop practicing activities, confiscate the illegal income, drugs, and medical devices, and impose five times the illegal income. A fine of not less than 20 times, if the illegal income is less than 10,000 yuan, it shall be calculated at 10,000 yuan.

Whoever, in violation of the provisions of this Law, forges, alters, buys, sells, leases or lends the practice license of a medical institution shall be ordered by the competent department of health of the people's government at or above the county level to make corrections, confiscate the illegal income, and impose a fine of not less than five times but not more than 15 times the illegal income. If the illegal income is less than 10,000 yuan, it shall be calculated at 10,000 yuan.

Article 100 Whoever, in violation of the provisions of this Law, commits one of the following acts shall be ordered by the competent department of health of the people's government at or above the county level to make corrections, confiscate the illegal income, and impose a fine of not less than two times but not more than ten times the illegal income. If the illegal income is less than 10,000 yuan, it shall be calculated at 10,000 yuan. The person in charge and other persons directly responsible shall be punished according to law:

(I) government-sponsored medical and health institutions and other organizations to invest in the establishment of medical and health institutions with non-independent legal personality;

(II) medical and health institutions to lease and contract out medical departments;

(III) non-profit medical and health institutions distribute or disguise the income to the funders and organizers.

Article 101 In violation of the provisions of this law, the medical information security system and safeguard measures of medical and health institutions are not perfect, resulting in the disclosure of medical information, or the medical quality management and medical technology management system and safety measures are not perfect, the competent department of health and health of the people's government at or above the county level shall order corrections, give warnings, and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan; If the circumstances are serious, they may be ordered to stop the corresponding practice activities, the person in charge directly responsible and other persons directly responsible shall be investigated for legal responsibility in accordance with the law.

Article 102 In violation of the provisions of this law, medical and health personnel who commit one of the following acts shall be subject to 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 on the management of medical practitioners and nurses and the prevention and handling of medical disputes:

(I) take advantage of his position to ask for or illegally accept money or property or seek other illegitimate interests;

(II) disclosure of citizens' personal health information;

The (III) fails to fulfill the obligation of informing in accordance with the provisions or violates the medical ethics in the process of carrying out medical research or providing medical and health services.

If the persons specified in the preceding paragraph belong to persons in government-run medical and health institutions, they shall be punished according to law.

Article 103 In violation of the provisions of this law, if a bidder participating in a drug procurement bid bids at a price below the cost, or bids by fraud, collusion in bidding, abuse of market dominance, etc., the medical security of the people's government at or above the county level The competent department shall order corrections and confiscate the illegal income; if the bid is won, the bid shall be invalid, and a fine of not less than 5‰ but not more than ten thousandths of the amount of the winning project amount of the winning project, the legal representative, the main person in charge, the directly responsible person in charge and other responsible personnel shall be fined not less than 5% but not more than 10% of the fine amount of the unit; if the circumstances are serious, the qualification to participate in the bidding for drug procurement within two to five years shall be canceled and announced.

Article 104 In violation of the provisions of this law, the basic medical insurance benefits are obtained by fraud, forged certification materials or other means, or the basic medical insurance agencies, medical institutions, drug dealers, etc. use fraud, forged certification materials or other means To defraud basic medical insurance fund expenditures, the medical security department of the people's government at or above the county level shall impose administrative penalties in accordance with relevant social insurance laws and administrative regulations.

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 and transmits citizens' personal health information, illegally trades, provides or discloses citizens' personal health information, which constitutes a violation of public security management, shall be punished according to law.

Article 106 Whoever violates the provisions of this Law and constitutes a crime shall be investigated for criminal responsibility according to law; whoever causes personal injury or property damage shall bear civil liability according to law.

Chapter X Supplementary Provisions

Article 107 For the purposes of this Law, the following terms shall have the meanings:

The main (I) health indicators refer to the average life expectancy, maternal mortality rate, infant mortality rate, and mortality rate of children under five years old.

(II) medical and health institutions refer to primary medical and health institutions, hospitals and specialized public health institutions.

(III) primary medical and health institutions refer to township health centers, community health service centers (stations), village clinics, infirmaries, outpatient departments and clinics.

(IV) professional public health institutions refer to disease prevention and control centers, Junior College disease prevention and control institutions, health education institutions, first aid centers (stations), blood stations, etc.

(V) medical and health personnel refer to health professionals such as licensed physicians, licensed assistant physicians, registered nurses, pharmacists (practitioners), laboratory technicians (practitioners), imaging technicians (practitioners), and rural doctors.

(VI) essential medicines refer to medicines that meet the needs of basic medicines for disease prevention and treatment, adapt to the basic national conditions and guarantee capabilities 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 actual conditions, formulate specific measures for the development of medical and health services in their localities.

Article 109 Measures for the administration of medical, health and health promotion in the Chinese People's Liberation Army and the Chinese People's Armed Police Force shall be formulated by the State Council and the Central Military Commission in accordance with this Law.

Article 110 This Law shall come into force as of June 1, 2020.