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Law
of the People's Republic of China on Maternal and
Infant Health Care
(Adopted at the Tenth Meeting of the Standing Committee
of the Eighth National People's Congress on October
27, 1994, promulgated by Order No.33 of the President
of the People's Republic of China on October 27,
1994, and effective as of June 1, 1995)
Contents
Chapter I General Provisions
Chapter II Pre-marital Health Care
Chapter III Health Care During the Pregnant and
Perinatal Period
Chapter IV Technical Appraisement
Chapter V Administrative Management
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I
General Provisions
Article 1 This Law is formulated in accordance with
the Constitution with a view to ensuring the health
of mothers and infants and improving the quality
of the newborn population.
Article 2 The State shall develop the maternal and
infant health care undertakings and provide necessary
conditions and material aids so as to ensure that
mothers and infants receive medical and health care
services.
The State shall support and assist the maternal
and infant health care undertakings in outlying
and poverty-stricken areas.
Article 3 People's governments at various levels
shall exercise leadership in the work of maternal
and infant health care.
The undertakings of maternal and infant health care
shall be included in the plans for national economic
and social development.
Article 4 The administrative department of public
health under the State Council shall be in charge
of the work of maternal and infant health care throughout
the country, put forth the guiding principles for
the work in different areas and at different administrative
levels in light of their specific conditions, and
exercise supervision and management of the nationwide
work of maternal and infant health care.
Other relevant departments under the State Council
shall, within the scope of their respective functions
and duties, cooperate with the administrative department
of public health to make a success of the work of
maternal and infant health care.
Article 5 The State shall encourage and support
education and scientific research in the field of
maternal and infant health care, popularize the
advanced and practical technique for maternal and
infant health care and disseminate the scientific
knowledge in this field.
Article 6 Awards shall be granted to organizations
and individuals that have made remarkable achievements
in the work of maternal and infant health care or
achieved significant results in scientific research
of maternal and infant health care.
Chapter II
Pre-marital Health Care
Article 7 Medical and health institutions shall
provide citizens with pre-marital health-care services.
Pre-marital health-care services shall include the
following:
(1) pre-marital health instruction: education in
sex, human reproduction and genetic diseases;
(2) pre-marital health consultation: medical advice
on matters relating to marriage and child-bearing,
etc.; and
(3) pre-marital medical examination: medical examination
conducted for both the male and female planning
to be married to see whether they suffer from any
disease that may have an adverse effect on marriage
and child-bearing.
Article 8 Pre-marital medical examination shall
include the examination of the following diseases:
(1) genetic diseases of a serious nature;
(2) target infectious diseases; and
(3) relevant mental diseases.
After pre-marital medical examination, the medical
and health institution shall issue a certificate
of pre-marital medical examination.
Article 9 Physicians shall, after pre-marital medical
examination, give medical advice to those who are
in the infective period of any target infectious
disease or who are in the morbid period of any re-levant
mental disease; both the male and female planning
to be married shall postpone their marriage for
the time being.
Article 10 After pre-marital medical examination,
physicians shall, in respect of the male or female
who has been diagnosed with certain genetic disease
of a serious nature which is considered to be inappropriate
for child-bearing from a medical point of view,
explain the situations and give medical advice to
both the male and the female; those who, with the
consent of both the male and the female, after taking
long-term contraceptive measures or performance
of ligation operations, are unable to bear children
may get married. However, the circumstances under
which marriage may not be contracted under the Marriage
Law of the People's Republic of China shall be excepted.
Article 11 Those who have received pre-marital medical
examination hold dissenting views on the results
of the medical examination may apply for a medical
technical appraisement and obtain a certificate
of medical appraisement.
Article 12 Both the male and the female shall, in
making marriage registration, hold their certificates
of pre-marital medical examination or certificates
of medical technical appraisement.
Article 13 The people's governments of provinces,
autonomous regions or municipalities directly under
the Central Government shall, on the basis of the
actual conditions of their respective areas, formulate
measures for implementing the pre-marital medical
examination system.
The people's governments of provinces, autonomous
regions or municipalities directly under the Central
Government shall fix reasonable rates of charges
for pre-marital medical examination. Such charges
may be reduced or exempted for people who live in
outlying and poverty-stricken areas or people who
have true difficulties to pay.
Chapter III
Health Care During the Pregnant and Perinatal Period
Article 14 Medical and health institutions shall
provide health-care services to women in their child-bearing
age or women during the pregnant and perinatal period.
Health-care services during the pregnant and perinatal
period shall include the following:
(l) instruction on maternal and infant health care:
medical advice on breeding healthy offspring and
on the pathogenic factors, treatment and prevention
of serious genetic diseases and endemic diseases
such as the iodine deficiency syndrome;
(2) health care for pregnant women and lying-in
women: consultation and instruction on hygiene,
nutrition and psychology, etc. and medical health-care
services such as regular prenatal physical check-up;
(3) health care for the fetus: monitoring care,
consultancy and medical advice for the growth of
the fetus; and
(4) health care for newborn babies: medical and
health-care services for the growth, feeding and
nursing of newborn babies.
Article 15 Medical and health institutions shall
give medical advice to the pregnant women who are
suffering from serious illness or are exposed to
teratogenic substances, if their gestation may jeopardize
the safety of their lives, or seriously affect their
health or the normal development of the fetus.
Article 16 If a physician detects or suspects that
a married couple in their child-bearing age suffer
from genetic disease of a serious nature, the physician
shall give them medical advice, according to which
the said couple shall take corresponding measures.
Article 17 After antenatal examination, if a physician
detects or suspects an abnormality with the fetus,
he shall make prenatal diagnosis for the pregnant
woman.
Article 18 If one of the following cases is detected
in the pre-natal diagnosis, the physician shall
explain the situations to the married couple and
give them medical advice on a termination of gestation:
(1) the fetus is suffering from a genetic disease
of a serious nature;
(2) the fetus is with a defect of a serious nature;
or
(3) continued gestation may jeopardize the safety
of life of the pregnant woman or seriously impair
her health, due to the serious disease she suffers
from.
Article 19 Termination of gestation or performance
of ligation operations practised in accordance with
the provisions of this Law shall be subject to the
consent and signing of the person per se. If the
person per se has no capacity for civil conduct,
it shall be subject to the consent and signing of
the guardian of the person.
Whoever is to terminate gestation or receive ligation
operations under this Law shall receive such services
free of charge.
Article 20 In respect of a woman who has given birth
to an infant with a serious defect, prior to her
second gestation, both the husband and the wife
shall receive medical examination in a medical and
health institution at or above the county level.
Article 21 Physicians and midwives shall strictly
observe re-levant operational procedures, improve
the skills of midwifery and the quality of services
so as to prevent or reduce maternal injuries.
Article 22 Pregnant women who cannot be hospitalized
for deli-very shall receive sterilized midwifery
by trained and qualified midwives.
Article 23 Medical and health institutions and midwives
engaged in home delivery shall, as prescribed by
the administrative department of public health under
the State Council, issue uniformly prepared medical
certificates for childbirths, and report to the
administrative department of public health, if a
lying-in woman or an infant dies or a defective
baby is born.
Article 24 Medical and health institutions shall
provide lying-in women with guidance as to the scientific
way of rearing babies, ration-al nutrition and breastfeeding.
Medical and health institutions shall give physical
check-up and preventive inoculation to infants,
and gradually develop medical and healthcare services
such as the screening examination of diseases of
newborn babies, the prevention and control of frequently
occurring and commonly-seen diseases among infants.
Chapter IV
Technical Appraisement
Article 25 The local people's governments at or
above the county level may establish institutions
for medical technical appraisement which shall be
responsible for making medical technical appraisement
when dissenting views arises on the results of pre-marital
medical examination, genetic diseases diagnosis
or prenatal diagnosis.
Article 26 Personnel engaged in medical technical
appraisement must have clinical experience, medical
genetic knowledge and the professional title of
physician-in-charge or above.
Component members of the medical technical appraisement
institutions shall be nominated by the administrative
departments of public health and engaged by the
people's governments at the corresponding levels.
Article 27 The challenge system shall be instituted
in making medical technical appraisement. Personnel
who has an interest in the party concerned, which
may affect the impartiality of the appraisement,
shall withdraw.
Chapter V
Administrative Management
Article 28 People's governments at various levels
shall take measures to strengthen the work of maternal
and infant health care, to improve medical and health-care
services, to work hard at preventing and controlling
the frequently-occurring endemic diseases, caused
by environmental factors, that are seriously jeopardizing
the health of mothers and infants, thereby promoting
the development of undertakings of maternal and
infant health care.
Article 29 Administrative departments of public
health under the people's governments at or above
the county level shall administer the work of maternal
and infant health care within their respective administrative
areas.
Article 30 Medical and health institutions designated
by the administrative departments of public health
under the people's governments of the provinces,
autonomous regions or municipalities directly under
the Central Government shall be responsible for
monitoring, and providing technical guidance to,
the maternal and infant health care within their
respective administrative areas.
Article 31 Medical and health institutions shall,
in accordance with the provisions of the administrative
department of public health under the State Council,
take the responsibility for the work of maternal
and infant health care within the scope of their
functions and duties, establish rules and regulations
for medical and health care services, raise medical
and technological level, and take measures for the
convenience of the people so as to provide better
services in maternal and infant health care.
Article 32 Medical and health institutions that
in accordance with the provisions of this Law carry
out pre-marital medical examination, genetic disease
diagnosis and prenatal diagnosis, ligation operations
and operations for termination of gestation must
meet the requirements and technical standards set
by the administrative department of public health
under the State Council, and shall obtain the permission
of the administrative departments of public health
under the local people's governments at or above
the county level.
Sex identification of the fetus by technical means
shall be strictly forbidden, except that it is positively
necessitated on medical grounds.
Article 33 Personnel engaged in making genetic disease
diagnosis or prenatal diagnosis as provided by this
Law must pass the examination of the administrative
department of public health under the people's government
of the province, autonomous region or municipality
directly under the Central Government, and obtain
a corresponding qualification certificate.
Personnel engaged in making pre-marital medical
examination, performing ligation operations or operations
for termination of gestation as provided by this
Law and persons engaged in home delivery must pass
the examination of the administrative department
of public health under the people's government at
or above the county level, and obtain a corresponding
qualification certificate.
Article 34 Personnel engaged in the work of maternal
and infant health care shall strictly abide by the
professional ethics and keep secrets for the parties
concerned.
Chapter VI
Legal Liability
Article 35 Where anyone who has not obtained a relevant
qualification certificate issued by the State commits
any of the following acts, the administrative department
of public health under the local people's government
at or above the county level shall stop such act
and give a warning to or impose a fine upon him
in light of the circumstances:
(1) to engage in pre-marital medical examination,
genetic disease diagnosis, prenatal diagnosis or
medical technical appraisement;
(2) to perform operations for termination of gestation;
or
(3) to issue relevant medical certificate as stipulated
by this Law. The relevant medical certificate as
mentioned in item (3) of the preceding paragraph
shall be null and void.
Article 36 Where anyone who has not obtained relevant
qualification certificate issued by the State performs
operations for termination of gestation or terminates
gestation by other means, thus causing death, disability,
loss or basic loss of working ability, shall be
investigated for criminal responsibility according
to the provisions of Article 134 and Article 135
of the Criminal Law.
Article 37 Where personnel engaged in the work of
maternal and infant health care, in violation of
the stipulations of this Law, issue fake medical
certificates, or undertake sex identification of
the fetus, medical and health institutions or administrative
departments of public health shall in light of the
circumstances give them administrative sanctions;
if the circumstances are serious, they shall be
disqualified for practice of their profession according
to law.
Chapter VII
Supplementary Provisions
Article 38 The definitions of the following terms
as used in this Law are:
┛Target infectious diseases┏ refer to AIDS, gonorrhea,
syphilis, and leprosy specified in the Law of the
People's Republic of China on the Prevention and
Treatment of Infectious Diseases, as well as other
infectious diseases that are medically considered
to have adverse effects on marriage and reproduction;
┛Genetic diseases of a serious nature┏ refer to
diseases that are caused by genetic factors congenitally,
that may totally or partially deprive the victim
of the ability to live independently, that are highly
possible to recur in generations to come, and that
are medically considered inappropriate for reproduction;
┛Relevant mental diseases┏ refer to schizophrenia,
manic-depressive psychosis and other mental diseases
of a serious nature; and
┛Prenatal diagnosis┏ refers to diagnosis of the
fetus regarding its congenital defect and hereditary
diseases.
Article 39 This Law shall become effective as of
June 1, 1995.
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Labour Law of the People's Republic of China (Excerpts)
(Adopted at the Eighth Meeting of the Standing Committee
of the Eighth National People's Congress on July
5, 1994, and effective as of January 1, 1995)
Chapter II
Promotion of Employment
Article 12 Labourers, regardless of their ethnic
group, race, sex, or religious belief, shall not
be discriminated against in employment. Article
13 Women shall enjoy the equal right, with men,
to employment.
Article 13 Women shall enjoy the equal right, with
men, to employment. With exception of the special
types of work or post unsuitable to women as prescribed
by the State, no unit may, in employing staff and
workers, refuse to employ women by reason of sex
or raise the employment standards for women.
Article 15 No employing unit is allowed to recruit
minors under the age of 16.
Institutions of literature and art, physical culture,
and special arts and crafts that recruit minors
under the age of 16 must go through the formalities
of examination and approval in accordance with the
re-levant provisions of the State and guarantee
their right to compulsory education.
Chapter III
Labour Contracts and Collective Contracts
Article 29 Where a labourer is under any of the
following circumstances, the employing unit shall
not cancel its labour contract with the labourer
by availing itself of the stipulations in Article
26 and Article 27 of this Law:
(1) being confirmed to have totally or partially
lost the ability to work due to occupational diseases
or work-related injuries;
(2) receiving medical treatment for diseases or
injuries within the prescribed period of time;
(3) being a female staff member or worker during
her pregnant, puerperal, or breast-feeding period;
or
(4) other circumstances stipulated by laws, administrative
rules and regulations.
Chapter VII
Special Protection for Female Staff and Workers
and Juvenile Workers
Article 58 The State shall provide special protection
to female staff and workers and juvenile workers.
┛Juvenile Workers┏ refer to labourers who have reached
the age of 16 but under the age of 18.
Article 59 It is prohibited to arrange for female
staff and workers to engage in work down the pit
of mines, or work with Grade IV physical labour
intensity as prescribed by the State, or other work
forbidden to women.
Article 60 It is prohibited to arrange for female
staff and workers during their menstrual periods
to engage in work high above the ground, under low
temperature, or in cold water or work with Grade
III physical labour intensity as prescribed by the
State.
Article 61 It is prohibited to arrange for women
workers or staff members during their pregnancy
to engage in work with Grade III physical labour
intensity as stipulated by the State or other work
forbidden to pregnant women. It is prohibited to
arrange for women workers or staff members who have
been pregnant for seven months or more to work in
extended working hours or to work night shifts.
Article 62 Female staff and workers shall be entitled
to no less than ninety days of maternity leaves
for childbirth.
Article 63 It is prohibited to arrange for female
staff and workers during the period of breast-feeding
their babies of less than one year old to engage
in work with Grade III physical labour intensity
as prescribed by the State or other labour forbidden
to women during their breast-feeding period, or
to work in extended working hours or to work night
shifts.
Article 64 It is prohibited to arrange for juvenile
workers to engage in work that is down the pit of
mines, or poisonous or harmful, or with Grade IV
physical labour intensity as prescribed by the State,
or other work forbidden to them.
Article 65 The employing unit shall provide regular
physical examinations to juvenile workers.
Chapter XII
Legal Responsibility
Article 94 Where the employing unit illegally recruits
minors under the age of 16, the administrative department
of labour shall order it to make corrections, and
impose a fine thereon. If the circumstances are
serious, the administrative department for industry
and commerce shall revoke its business license.
Article 95 Where the employing unit, in violation
of the provisions of this Law on the protection
of female staff and workers and juvenile workers,
infringes upon their legitimate rights and interests,
the administrative department of labour shall order
it to make corrections, and impose a fine thereon.
Where any harm has been done to female staff and
workers and juvenile workers, the unit shall be
liable for compensation.
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