The People's Republic of China

Basic Medical and Health Promotion Law

（Adopted at the 15th Meeting of the Standing Committee of the 13th National People's Congress on December 28, 2019, and effective as of June 1, 2020.）

Catalogue

Chapter 1 General Provisions

Chapter 2 Basic Medical and Health Services

Chapter 3 Medical and Health Institutions

Chapter 4 Medical and Health Personnel

Chapter 5 Drug Supply Guarantee

Chapter 6 Health Promotion

Chapter 7 Financial Guarantee

Chapter 8 Supervision and Management

Chapter 9 Legal Liability

Chapter 10 Supplementary Provisions

Chapter 1 General Provisions

　　Article 1: In order to develop medical and health services, ensure citizens' access to basic medical and health services, improve citizens' health standards, and promote the construction of a healthy China, this Law is formulated in accordance with the Constitution.

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

　　Article 3: Medical and health undertakings shall adhere to the principle of putting the people at 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 respect and protect citizens' right to health. The country implements the Healthy China Strategy, popularizes healthy living, optimizes health services, improves health security, builds a healthy environment, develops the health industry, and improves the health level of citizens throughout their entire life cycle. The state establishes a health education system to guarantee citizens' right to health education and improve their Health literacy.

　　Article 5: Citizens shall have the right to receive 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 access basic medical and health services.

　　Article 6: People's governments at all levels shall prioritize the development of people's health, integrate health concepts into various policies, prioritize prevention, improve the health promotion work 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 government's target responsibility assessment. The entire society should jointly care for and support the development of medical and health services.

　　Article 7: The State Council and local people's governments at all levels shall lead the work of medical and health promotion. The competent health department of the State Council is responsible for coordinating and coordinating the national medical and health promotion work. Other relevant departments of the State Council are responsible for relevant medical and health promotion work within their respective responsibilities. The health regulatory departments of local people's governments at or above the county level are responsible for coordinating and coordinating the medical and health promotion work in their respective administrative regions. Other relevant departments of local people's governments at or above the county level shall be responsible for relevant medical and health promotion work within their respective responsibilities.

　　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 integration of medical health and information Technological convergence, popularizes appropriate medical and health technologies, and improves the quality of medical and health services. The country is developing medical education, improving the medical education system that meets the needs of medical and health development, and vigorously cultivating medical and health talents.

　　Article 9: The state vigorously develops the cause of traditional Chinese medicine, adheres to the equal emphasis on traditional Chinese and Western medicine, and combines inheritance and innovation, to play the unique role of traditional Chinese medicine in medical and health care.

　　Article 10: The state shall reasonably plan and allocate medical and health resources, with a focus on the grassroots level, and take various measures to give priority to supporting the development of medical and health institutions at or 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 Underdevelopment by increasing transfer payments and other means.

　　Article 12: The state encourages and supports citizens, legal persons, and other organizations to participate in medical and health undertakings through establishing institutions in accordance with the law, as well as through donations and subsidies, in order to meet the diverse, differentiated, and personalized health needs of citizens. Citizens, legal persons, and other organizations who donate property for medical and health services shall enjoy tax incentives in accordance with the law.

　　Article 13: Organizations and individuals who have made outstanding contributions to the medical and health industry shall be commended and rewarded in accordance with national regulation

　　Article 14: The state encourages and supports foreign exchange and cooperation in the fields of healthcare and health promotion. To carry out foreign exchange and cooperation activities in healthcare and health promotion, laws and regulations should be followed, and national sovereignty, security, and social public interests should be safeguarded. 

Chapter 2 Basic Medical and Health Services

　　Article 15: Basic medical and health services refer to services such as disease prevention, diagnosis, treatment, nursing, and rehabilitation that are necessary for maintaining human health, suitable for the level of economic and social development, and accessible to citizens fairly, and are provided using 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 shall take measures to ensure that citizens enjoy safe and effective basic public health services, control risk factors that affect health, and improve the level of disease prevention and control. The national basic public health service projects shall be jointly determined by the competent health department of the State Council, 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 supplement and determine the basic public health service projects in their respective administrative regions on the basis of the national basic public health service projects, and report them to the competent health department of the State Council for record keeping.

　　Article 17: The State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may incorporate service content targeting key areas, diseases, and specific populations 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 in response to major diseases and major health risk factors in their respective administrative regions.

　　Article 18: People's governments at or above the county level shall provide basic public health services by establishing professional public health institutions, grassroots 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, hygiene investigation and disposal, and psychological assistance for 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 Pathogen 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 Twenty-One Demands The State implements a preventive vaccination system and strengthens immunization planning. 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, conduct monitoring, investigation, and comprehensive prevention and control interventions on chronic non communicable diseases and their pathogenic risk factors, promptly identify high-risk groups, 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 strengthens occupational health protection. People's governments at or above the county level should formulate occupational disease prevention and control plans, establish and improve occupational health work mechanisms, strengthen occupational health supervision and management, and improve the comprehensive prevention and control capabilities and levels of occupational diseases. Employers should control occupational disease hazards, adopt comprehensive management 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 a maternal and child health service system, provide health care and common disease prevention and control services for women and children, and ensure their health. The state takes measures to provide citizens with services such as premarital health care and prenatal health care, 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 should include elderly health management and common disease prevention in basic public health service projects.

　　The state develops the cause of disability prevention and rehabilitation, improves the system of disability prevention and rehabilitation, and takes measures to provide basic rehabilitation services for people with disabilities. People's governments at or above the county level should prioritize the rehabilitation of disabled children and implement a combination of rehabilitation and education.

　　Article 27: The state shall establish and improve a pre hospital emergency system to provide timely, standardized, and effective emergency services for critically ill patients. The competent health authorities, the Red Cross and other relevant departments and organizations should actively carry out first aid training, popularize first aid knowledge, and encourage medical and health personnel, as well as those who have received first aid training, to actively participate in public emergency services. Public places should be equipped with necessary first aid equipment and facilities in accordance with regulations. Emergency centers (stations) shall not refuse or delay providing emergency services to critically ill patients on the grounds of unpaid fees.

　　Article 28: The state shall develop the cause of mental health, establish and improve the system of mental health services, maintain and enhance the mental health of citizens, and prevent and treat mental disorders. The state takes measures to strengthen the mental health service system and talent team construction, promote the effective connection of mental health education, psychological assessment, psychological counseling, and psychological treatment services, establish a psychological assistance hotline to provide public welfare services, and strengthen mental health services for key groups such as minors, disabled people, and the elderly.

　　Article 29: Basic medical services are mainly provided by medical and health institutions established by the government. Encourage medical and health institutions organized by social forces to provide basic medical services.

　　Article 30: The state promotes the implementation of a graded diagnosis and treatment system for basic medical services, guides non emergency patients to seek medical treatment at grassroots medical and health institutions first, implements the first diagnosis responsibility system and referral review responsibility system, gradually establishes a mechanism for grassroots first diagnosis, two-way referral, emergency and slow treatment separation, and linkage between upper and lower levels, and is connected with the basic medical insurance system. Local people's governments at or above the county level shall, based on the medical and health needs of their respective administrative regions, integrate the medical and health resources organized by the local governments, and establish collaborative medical service cooperation mechanisms such as medical consortiums according to local conditions. Encourage medical and health institutions organized by social forces to participate in medical service cooperation mechanisms.

　　Article 31: The state promotes the implementation of family doctor signing services in grassroots medical and health institutions, establishes family doctor service teams, signs agreements with residents, and provides basic medical and health services based on their health status and medical needs.

　　Article 32 Citizens who receive medical and health services shall have the right to informed consent in accordance with the law regarding their condition, diagnosis and treatment plans, medical risks, medical expenses, and other matters. If surgery, special examination, or special treatment are required, medical and health personnel should promptly explain the medical risks, alternative medical plans, and obtain the patient's consent; If it is impossible or inappropriate to explain to the patient, it should be explained to the patient's close relatives and their consent should be obtained. If the law provides otherwise, the provisions shall prevail. Conducting clinical trials of drugs, medical devices, and other medical research should comply with medical ethical standards, pass ethical reviews in accordance with the law, and obtain informed consent.

　　Article 33 Citizens who receive medical and health services shall be respected. Medical and health institutions and personnel should care for and treat patients equally, respect their personal dignity, and protect their privacy. Citizens receiving medical and health services should abide by the diagnosis and treatment system and the order of medical and health services, and respect medical and health personnel.

Chapter 3 Medical and Health Institutions

　　Article 34: The state shall establish and improve a medical and health service system consisting of grassroots medical and health institutions, hospitals, professional public health institutions, etc., with full coverage, complementary functions, and continuous collaboration between urban and rural areas. 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: Grassroots medical and health institutions mainly provide prevention, health care, health education, disease management, establish health records for residents, diagnose and treat common and frequently occurring diseases, as well as provide rehabilitation and care for some diseases, receive hospital referrals for patients, and provide basic medical and health services to patients beyond their own service capabilities. The hospital mainly provides medical and health services such as disease diagnosis and treatment, especially for critical and difficult diseases, emergency medical treatment and rescue, as well as health education. It also carries out medical education, training of medical and health personnel, medical scientific research, and business guidance for grassroots medical and health institutions. Professional public health institutions mainly provide public health services such as prevention and control of infectious diseases, chronic non communicable diseases, occupational diseases, and endemic diseases, as well as health education, maternal and child health care, mental health, pre hospital first aid, blood collection and supply, food safety risk monitoring and assessment, and birth defect prevention and control.

　　Article 36 Medical and health institutions at all levels and of all types shall cooperate and 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, elderly care institutions, child welfare institutions, and community organizations in establishing collaborative mechanisms to provide safe and convenient medical and health services for the elderly 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 access 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, incidence rate, morbidity and emergency treatment needs in the administrative region.

　　Article 38: To establish a medical institution, the following conditions shall be met and the approval or filing procedures shall be handled in accordance with relevant national regulations:

　　（一）Having a compliant name, organizational structure, and location;

　　（二）Having funds, facilities, equipment, and medical and health personnel suitable for the business carried out;

　　（三）Having corresponding rules and regulations;

　　（四）Being able to independently bear civil liability;

　　（五）Other conditions stipulated by laws and administrative regulations.

　　Medical institutions have obtained practicing licenses in accordance with the law. It is prohibited to forge, alter, buy, sell, rent, or lend medical institution practice licenses.

　　The specific conditions and configurations of various levels and types of medical and health institutions 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 implements classified management of medical and health institutions. The medical and health service system adheres to non-profit medical and health institutions as the main body and profit-making medical and health institutions as supplements. The government establishes non-profit medical and health institutions to play a leading role in basic medical and health services, ensuring fair access to basic medical and health services. Medical and health institutions established or participated in with government funds or donated assets shall not be established as for-profit medical and health institutions. Medical and health institutions are not allowed to rent or contract medical departments externally. Non profit medical and health institutions shall not distribute or indirectly distribute profits to investors or organizers.

　　Article 40: Medical and health institutions established by the government shall adhere to the nature of public welfare, and all revenue and expenditure shall be included in budget management. They shall be reasonably set up and controlled in accordance with the planning of the medical and health service system. The state encourages government funded medical and health institutions to cooperate with social forces to establish non-profit medical and health institutions. Government funded medical and health institutions shall not invest in establishing non independent legal entity medical and health institutions with other organizations, nor shall they 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 establish medical and health institutions in accordance with the law, support and regulate cooperation between medical and health institutions established by social forces and government run medical and health institutions in various types of medical services, disciplinary construction, talent cultivation, etc. Medical and health institutions organized by social forces have the same rights as government funded medical and health institutions in terms of basic medical insurance designated points, key specialized subject construction, scientific research and teaching, level evaluation, specific medical technology access, and professional title evaluation of medical and health personnel. Social forces can choose to establish non-profit or for-profit healthcare institutions. Non profit medical and health institutions established by social forces shall enjoy the same tax, financial subsidies, land, water, electricity, gas, and heat policies as government funded medical and health institutions in accordance with regulations, and shall accept supervision and management in accordance with the law.

　　Article 42: The state shall, based on established medical and health institutions, reasonably plan and establish national medical centers and regional medical centers at the national and provincial levels, diagnose and treat difficult and severe cases, research and overcome major medical problems, and cultivate high-level medical and health talents.

　　Article 43: Medical and health institutions shall comply with 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 should conduct reasonable examinations, medication, and diagnosis and treatment in accordance with clinical diagnosis and treatment guidelines, clinical technical operation standards, industry standards, and medical ethics standards, strengthen medical and health safety risk prevention, 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 that are difficult in technology, high in medical risks, and require high service capabilities and professional technical proficiency of personnel. Medical and health institutions should carry out clinical applications of medical and health technology in accordance with their functional tasks, follow the principles of science, safety, standardization, effectiveness, and economy, and comply with ethics.

　　Article 45: The state establishes a modern hospital management system with clear rights and responsibilities, scientific Management science, perfect governance, efficient operation and strong supervision. Hospitals should formulate regulations, establish and improve corporate governance structures, and improve medical and health service capabilities and operational efficiency.

　　Article 46: The practice premises of medical and health institutions are public places that provide medical and health services, and no organization or individual shall disrupt their 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 Accidental death and dismemberment insurance.

　　Article 48: The state encourages medical and health institutions to continuously improve their technology, equipment, and services for prevention, health care, diagnosis, treatment, nursing, and rehabilitation, and supports the development of medical and health technologies suitable for grassroots and remote areas.

　　Article 49: The State promotes health informatization for the whole people, promotes the application and development of Big data and artificial intelligence in health care, speeds up 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 to promote the popularization and sharing of high-quality medical and health resources. People's governments at or above the county level and their relevant departments should take measures to promote the application of information technology in the field of healthcare and medical education, and support the exploration and development of new models and formats of healthcare services. The state takes measures to promote the establishment and improvement of medical and health information exchange and security systems in medical and health institutions, apply information technology to carry out remote medical services, and build an integrated online and offline medical service model.

Article 50: In the event of natural disasters, accident disasters, public health events, and social security events that seriously threaten the lives and health of the people, medical and health institutions and personnel shall obey the dispatch of government departments and participate in health emergency response and medical treatment. For participants who suffer from illness, disability, or death, relevant treatment such as work-related injuries, pensions, and commendation of martyrs shall be given in accordance with regulations.

Chapter 4 Medical and Health Personnel

　　Article 51: Medical and health personnel shall promote the noble professional spirit of respecting and protecting lives, saving lives and injuries, being willing to contribute, and loving the boundless, abide by industry norms, abide by medical ethics, and strive to improve their professional level and service quality. Medical and health industry organizations, medical institutions, and medical colleges should strengthen the education of medical ethics and ethics for medical and health personnel.

　　Article 52: The state shall formulate a plan for the cultivation of medical and health personnel, establish a mechanism for the cultivation of medical and health personnel that adapts to the characteristics of the industry and social needs, as well as a supply and demand balance mechanism, improve the system of medical college education, post graduation education, and continuing education, establish and improve a standardized training system for resident and specialized physicians, and establish a medical and health team with 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, referral, prevention, healthcare, rehabilitation, as well as chronic disease management and health management for common and frequently occurring diseases.

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

　　Article 54: Medical and health personnel shall follow the laws of medical science, comply with relevant clinical diagnosis and treatment technical standards, various operational standards, and medical ethics standards, use appropriate technologies and drugs, make reasonable diagnosis and treatment, treat patients due to illness, and shall not engage in excessive medical treatment of patients. Medical and health personnel shall not use their positions to demand, illegally accept property, or seek other unfair benefits.

　　Article 55: The state shall establish and improve a personnel, salary, and reward system that conforms to 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 infectious disease prevention and control, radiation medicine, mental health work, and other special positions shall be given appropriate allowances in accordance with national regulations. The allowance standards should be adjusted regularly.

　　Article 56: The state shall establish a system for medical and health personnel to regularly go to grassroots and remote areas to engage in medical and health work. The country has taken measures such as targeted free training, counterpart support, and retirement and re employment to strengthen the construction of medical and health teams at the grassroots level and in difficult remote areas. A practicing physician who is promoted to a deputy senior technical title should have accumulated at least one year of experience in providing medical and health services at medical and health institutions below the county level or with corresponding support. Medical and health personnel working in grassroots and difficult remote areas will receive preferential treatment in terms of salary and allowances, professional title evaluation, career development, education and training, and recognition and rewards. The state strengthens the construction of rural medical and health teams, establishes a career development mechanism that connects county and rural areas, and improves the multi-channel subsidy mechanism and elderly care policies for rural medical and health personnel's service income.

　　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 prohibited for any organization or individual to threaten or endanger the personal safety of medical and health personnel, or infringe on the personal dignity of medical and health personnel. The state takes measures to ensure a working environment for medical and health personnel.

Chapter 5 Drug Supply Guarantee

　　Article 58: The state shall improve the drug supply guarantee system, establish a work coordination mechanism, and ensure the safety, effectiveness, and accessibility of drugs.

　　Article 59: The State implements the system of Essential medicines, selects an appropriate number of Essential medicines to meet the basic drug needs for disease prevention and treatment. The State publishes the list of Essential medicines, and dynamically adjusts the list of Essential medicines according to the clinical practice of drugs, changes in drug standards, new drug listings, etc. Essential medicines 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 medicines, strengthens the quality supervision of Essential medicines, and ensures the fair access and rational use of Essential medicines.

　　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 disease and major diseases, and meet the needs of disease prevention and treatment.

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

　　Article 62: The State shall establish a sound drug price monitoring system, carry out cost price investigations, 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 shall not bid at a price lower than the cost, nor shall they bid through fraud, collusion bidding, abuse of market dominance, or other means.

　　Article 63: The state shall establish medical reserves at the central and local levels to meet emergency needs such as major disasters, epidemics, and other emergencies.

　　Article 64: The state shall establish and improve a monitoring system for drug supply and demand, collect and analyze drug supply and demand information in a timely manner, and regularly publish information on drug production, circulation, and use.

　　Article 65: The state strengthens the management of medical devices, improves the standards and norms of medical devices, and improves 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 progressiveness, 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 6 Health Promotion

　　Article 67 People's governments at all levels shall strengthen health education work and the cultivation of professional talents, establish a system for releasing core information on health knowledge and skills, popularize health scientific knowledge, and provide scientific and accurate health information to the public. Institutions such as healthcare, education, sports, and propaganda, as well as grassroots mass autonomous organizations and social organizations, should carry out the promotion and popularization of health knowledge. Medical and health personnel should provide health education to patients when providing medical and health services. News media should carry out public welfare promotion of health knowledge. The promotion of health knowledge should be scientific and accurate.

　　Article 68: The state shall incorporate health education into the national education system. Schools should implement health education in various forms, popularize health knowledge, scientific fitness knowledge, emergency knowledge and skills, enhance students' awareness of active disease prevention, cultivate good hygiene 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 sports and health courses and organize students to carry out activities such as Radio calisthenics, Eyes exercise and Exercise. The school shall be equipped with school doctors according to regulations, and establish and improve health rooms, health rooms, etc. The education regulatory department of the people's government at or above the county level shall incorporate students' physical and health levels into the school assessment system in accordance with regulations.

　　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 for family members to care for each other and form a healthy lifestyle that aligns with their own and family characteristics. Citizens should respect the health rights and interests of others and not harm their health and social public interests.

　　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 monitoring, investigating, and risk assessment of disease and health risk factors. People's governments at or above the county level and their relevant departments shall organize research on health risk factors and formulate comprehensive prevention and control measures in response to the main problems affecting health. The state strengthens the prevention and governance of environmental issues that affect health, organizes research on the impact of environmental quality on health, and takes measures to prevent and control diseases related to environmental issues.

　　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 management of food and drinking water safety, in order to improve the level of safety.

　　Article 74: The state shall establish a nutritional status monitoring system, implement nutritional intervention plans for economically underdeveloped areas and key populations, carry out nutritional 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 shall develop the cause of national fitness, improve the public service system for national fitness covering urban and rural areas, strengthen the construction of public sports facilities, organize and support national fitness activities, strengthen guidance services for national fitness, and popularize scientific fitness knowledge and methods. The State encourages units to open their Sports venue and facilities to the public.

　　Article 76: The state formulates and implements health work plans for minors, women, the elderly, and disabled individuals, and strengthens health services for key populations. The state promotes long-term care security work and encourages the development of long-term care insurance.

　　Article 77: The state shall improve the hygiene management system for public places. The health and other competent departments of the people's governments at or above the county level shall strengthen hygiene supervision of public places. The information on hygiene supervision in public places shall be made public to the public in accordance with the law. Public place operating units shall establish and strictly implement a hygiene management system to ensure that their business activities continue to meet the national hygiene requirements for public places.

　　Article 78: The state shall take measures to reduce the harm of smoking to the health of citizens. Control smoking in public places and strengthen supervision and law enforcement. Tobacco product packaging should be printed with warnings indicating the hazards of smoking. It is prohibited to sell cigarettes and alcohol to minors.

　　Article 79: Employers shall create a healthy environment and conditions for their employees, strictly implement relevant regulations on labor safety and health, actively organize employees to carry out fitness activities, and protect their health. The state encourages employers to carry out health guidance for employees. The state advocates that employers conduct regular health checks for employees. If laws and regulations provide for health examinations, their provisions shall prevail.

Chapter 7 Financial Guarantee

　　Article 80: People's governments at all levels shall effectively fulfill their responsibilities in developing medical and health services, establish an investment mechanism for medical and health services that is suitable for economic and social development, financial conditions, and health indicators, and include medical and health promotion funds in the budget of their respective governments. According to regulations, these funds shall mainly be used to ensure basic medical and public health services Basic medical security and the construction and operation development of 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 and law enforcement, social supervision, and other means.

　　Article 82: The basic medical service fees shall mainly be paid by the basic medical insurance fund and individuals. The state raises basic medical insurance funds through multiple channels in accordance with the law, gradually improving the sustainable financing and guarantee level adjustment mechanism for 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 basic medical insurance premiums for employees in accordance with national regulations. Urban and rural residents shall pay basic medical insurance premiums for urban and rural residents in accordance with regulations.

　　Article 83: The state shall establish a multi-level medical security system with basic medical insurance as the main body, supplemented by commercial health insurance, medical assistance, mutual aid medical treatment for employees, and medical charity services. The state encourages the development of commercial health insurance to meet the diverse health insurance needs of the people. The country has improved the medical assistance system to ensure that eligible and disadvantaged people have access to basic medical services.

　　Article 84: The state shall establish and improve a negotiation mechanism between basic medical insurance agencies and designated medical and health institutions, scientifically and reasonably determine the payment standards and methods 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 of the State Council, and opinions from the competent health department, traditional Chinese medicine department, drug regulatory department, and financial department of the State Council shall be solicited. The people's governments of provinces, autonomous regions, and municipalities directly under the central government may, in accordance with relevant national regulations, 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 of the State Council for record keeping. The competent medical security department under the State Council shall organize Evidence-based medicine and economic evaluation on the list of basic medical insurance drugs, 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 should serve as the basis for adjusting the payment scope of the basic medical insurance fund.

Chapter 8 Supervision and Management

　　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 health regulatory departments of the people's governments at or above the county level shall implement localized and industry-wide supervision and management of 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 regulatory capacity and level of medical security, strengthen supervision and management of medical service behaviors and medical expenses included in the payment scope of the basic medical insurance fund, and ensure the reasonable use, safety, and controllability of the basic medical insurance fund.

　　Article 88: People's governments at or above the county level shall organize departments such as health, medical security, drug supervision and management, development and reform, and finance to establish communication and consultation mechanisms, strengthen institutional connections and work cooperation, and improve the efficiency and security level of medical and health resource utilization.

　　Article 89: People's governments at or above the county level shall regularly report on basic medical and health promotion work to the people's congress or its standing committee at the corresponding level, 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 fulfill their responsibilities in medical and health promotion work, the people's governments at the same level or the relevant departments of the higher-level people's governments shall conduct interviews with their main responsible persons. If the local people's government fails to fulfill its responsibilities related to medical and health promotion work, the higher-level people's government shall conduct interviews with its main responsible persons. The interviewed departments and local people's governments should immediately take measures to rectify. The interview and rectification situation should be included in the work evaluation and assessment records of relevant departments and local people's governments.

　　Article 91: The health regulatory departments of local people's governments 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 should involve industry organizations and the public. The evaluation results should be made publicly available in an appropriate manner, serving 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 security of citizens' personal health information. No organization or individual shall illegally collect, use, process, or transmit personal health information of citizens, and shall not illegally trade, provide, or disclose personal health information of citizens.

　　Article 93: The competent health departments and 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, personnel, etc., which shall be included in the national credit information sharing platform, and joint punishment shall be implemented in accordance with national regulations.

　　Article 94: The health regulatory departments of local people's governments at or above the county level and their entrusted health supervision institutions shall carry out administrative law enforcement work related to medical and health care in their respective administrative regions in accordance with the law.

　　Article 95: The health regulatory departments of the people's governments at or above the county level shall actively cultivate medical and health industry organizations, play their role in medical and health promotion work, and support their participation in the formulation of industry management norms, technical standards, and medical and health evaluation, evaluation, and evaluation work.

　　Article 96: The state shall establish a mechanism for the prevention and resolution of 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 and health promotion work. Any organization or individual shall have the right to complain or report to the competent health department and other relevant departments of the people's government at or above the county level any behavior that violates the provisions of this Law.

Chapter 9 Legal Liability

　　Article 98: In case of violation of the provisions of this Law by local people's governments at or above the county level, the competent health departments of the people's governments at or above the county level, and other relevant departments, who abuse their power, neglect their duties, or engage in malpractices for personal gain, the directly responsible supervisory personnel and other directly responsible personnel shall be punished in accordance with the law.

　　Article 99: Those who, in violation of the provisions of this Law, practice without obtaining a medical institution practice license shall be ordered by the competent health department of the people's government at or above the county level to stop their practice activities, confiscate their illegal gains, drugs, and medical devices, and impose a fine of not less than five times but not more than twenty times their illegal gains. If the illegal gains are less than ten thousand yuan, it shall be calculated as ten thousand yuan. Anyone who, in violation of the provisions of this Law, forges, alters, buys, sells, leases, or lends the practicing 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 make corrections, confiscate the 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 practicing license of the medical institution shall be revoked.

　　Article 100: Anyone who violates the provisions of this Law and 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, confiscate the illegal income, and impose a fine of not less than twice but not more than ten times the illegal income. If the illegal income is less than 10000 yuan, it shall be calculated as 10000 yuan; Punish the directly responsible supervisors and other directly responsible personnel in accordance with the law:

　　（一）Government funded medical and health institutions and other organizations invest in establishing non independent legal entity medical and health institutions;

　　（二）Medical and health institutions rent or contract medical departments to external parties;

　　（三）Non profit medical and health institutions distribute or indirectly distribute profits to investors and organizers.

　　Article 101: In case of violation of the provisions of this Law, if the medical information security system and guarantee measures of medical and health institutions are not sound, resulting in the leakage of medical information, or if the medical quality management and medical technology management system and security measures are not sound, the competent departments of health and other related departments of the people's government at or above the county level shall order correction, give a warning, and impose a fine of not less than 10000 yuan but not more than 50000 yuan; If the circumstances are serious, the relevant practicing activities may be ordered to stop, and the directly responsible supervisors and other directly responsible personnel shall be investigated for legal responsibility in accordance with the law.

　　Article 102: If medical and health personnel violate the provisions of this Law and commit any of the following acts, the competent health department of the people's government at or above the county level shall impose administrative penalties in accordance with the provisions of relevant laws and administrative regulations on the management of practicing physicians and nurses, as well as the prevention and handling of medical disputes:

　　（一）Taking advantage of one's position to demand, illegally accept property or seek other illegitimate benefits;

　　（二）Leaking personal health information of citizens;

　　（三）Failure to fulfill the obligation to inform or violate medical ethical norms in the process of conducting medical research or providing medical and health services in accordance with regulations. If the personnel specified in the preceding paragraph belong to government funded medical and health institutions, they shall be punished in accordance with the law.

　　Article 103: If a bidder, in violation of the provisions of this Law, participates in drug procurement bidding by bidding at a price lower than the cost, or by fraudulent, collusive bidding, or abusing market dominance, the competent medical security department of the people's government at or above the county level shall order correction and confiscate the illegal gains; If the winning bid is invalid, a fine of not less than 0.5% but not more than 10% of the winning project amount shall be imposed. The legal representative, main responsible person, directly responsible supervisor, and other responsible personnel shall be fined not less than 5% but not more than 10% of the fine amount imposed on the unit; If the circumstances are serious, their eligibility to participate in drug procurement bidding within two to five years shall be cancelled and announced.

　　Article 104: If anyone, in violation of the provisions of this Law, fraudulently obtains basic medical insurance benefits through fraud, falsification of proof materials, or other means, or if the basic medical insurance agency, medical institution, drug trading unit, etc. fraudulently obtains basic medical insurance fund expenses through fraud, falsification of proof materials, or other means, the competent medical security department of the people's government at or above the county level shall, in accordance with the relevant laws on social insurance Administrative regulations provide for administrative penalties.

　　Article 105: Those who violate the provisions of this Law, disrupt the order of the practicing places of medical and health institutions, threaten or endanger the personal safety of medical and health personnel, infringe on the personal dignity of medical and health personnel, illegally collect, use, process, transmit personal health information of citizens, illegally buy, sell, provide or disclose personal health information of citizens, etc., which constitutes a violation of public security management, shall be punished for public security management in accordance with the law.

        Article 106: If a violation of the provisions of this Law constitutes a crime, criminal responsibility shall be pursued in accordance with the law; Those who cause personal or property damage shall bear civil liability in accordance with the law.

Chapter 10 Supplementary Provisions

　　Article 107 The meanings of the following terms in this Law:

　　（一）The main health indicators refer to life expectancy per capita, maternal mortality, infant mortality, and under five mortality.

　　（二）Medical and health institutions refer to grassroots medical and health institutions, hospitals, and professional public health institutions.

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

　　（四）Professional public health institutions refer to centers for disease prevention and control, specialized disease prevention and control institutions, health education institutions, emergency centers (stations), and blood stations.

　　（五）Medical and health personnel refer to healthcare professionals such as licensed physicians, licensed assistant physicians, registered nurses, pharmacists, laboratory technicians, imaging technicians, and rural doctors.

　　（六）Essential medicines 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, and cities and autonomous prefectures divided into districts may formulate specific measures for the development of medical and health services in their respective regions based on actual conditions.

　　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 People's Liberation Army and the People's Armed Police.

　　Article 110: This Law shall come into effect on June 1, 2020.