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Regulations of Shanghai Municipality on Mother and Infant Health Care
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| (Adopted at the 32nd Session of the Standing Committee of the 10th Shanghai Municipal People's Congress on December 19, 1996) Chapter I General Provisions Article 1 The present Regulations are formulated in accordance with the provisions of the "Law of the People's Republic of China on Mother and Infant Health Care" and other relevant laws and regulations, and in line with the actual conditions of this municipality, with a view to protecting the health of mothers and infants and improving the quality of the population at birth. Article 2 The present Regulations apply to the mother and infant health care activities and their management within the administrative region of this municipality. Article 3 The work of mother and infant health care shall be carried out on the guiding principle of placing emphasis on health care and combining health care with medical treatment. Article 4 The people's governments at all levels shall, in exercising their leadership over the work of mother and infant health care, incorporate mother and infant health care into the plans for national economic and social development in their respective regions, increase financial inputs into the work of mother and infant health care and provide necessary favorable factor and guarantees for the work of mother and infant health care. Article 5 The municipal public health administration department is the competent authority for the work of mother and infant health care in this municipality, and is in charge of the implementation of the present Regulations. The public health administrative departments at the district and county level ar e in charge of the work of mother and infant health care within their respective jurisdictions. The administrative departments at all levels in charge of finance, civil affairs, education, labor, public security and family planning shall, within their terms of reference, assist the public health administrative departments in conducting the work of mother and infant health care. The health administration departments at the city, district and county levels shall be staffed with mother and infant health inspectors who shall conduct supervision over and inspection of the work of mother and infant health care. Article 6 A Practitioner's Licence is required in this municipality for performing the technical service of mother and infant health care. Article 7 This municipality encourages and supports the publicity, education and research work in the field of mother and infant health care, popularizes the scientific knowledge of mother and infant health care and spreads the advanced and practical techniques of mother and infant health care. Article 8 The people's government at all levels shall give awards to the units and individual persons that have made outstanding achievements in the work of mother and infant health care and in the scientific research in the field of the mother and infant health care. Chapter II Health Institutions and Personnel Article 9 The medical and health care institutions in the present Regulations refers to the mother and child care centers, mother and child care hospitals, maternity hospitals, children's (paediatrics) hospitals and other medical institutions offering health care service to mothers and infants. Article 10 The municipal women's health center, the municipal children's health center and the municipal family planning technical guidance center shall, within their terms of reference, guide professionally the medical and health care institutions at all levels in this city in their work of mother and infant health care. The mother and child care centers at the district and county level shall guide professionally the medical and health care institutions in their respective jurisdictions in the work of mother and infant health care. Article 11 The subdistricts, towns and townships hospitals are responsible for performing health care service to the pregnant and lying in women and infants. Article 12 The medical and health care institutions applying for performing technical service on mother and infant health care must meet the conditions and technical standards set by the State and this municipality and go through the examination and approval formalities according to the following stipulations: 1. The institution to perform technical service on pregnancy termination, birth control surgery and midwifery shall apply to a health administration department at the district and county level, which shall examine the application and make a decision within 30 days from the date of receiving the application. If the applicant is qualified, the said departments shall issue a "Permit for Performing Technical Service on Mother and Infant Health Care". If the applicant is not qualified, the said department shall state the reasons and notify the applicant in writing. 2. The institution to perform technical services on premarriage medical examination, hereditary disease diagnosis, prenatal diagnosis and artificial insemination shall apply to the city health administration department, which shall examine the application and make a decision within 30 days from the date of receiving the application. If the applicant is qualified, the said department shall issue a "Permit for Performing Technical Service on Mother and Infant Health Care". If the applicant is not qualified, the said department shall state the reasons and notify the applicant in writing. Article 13 The medical personnel performing technical service on pregnancy termination, birth control surgery and midwifery must pass the tests given by the health administrative departments at the district and county level in the locality of the said personnel, and obtain from the said departments a "Certificate of Technical Qualification for Mother and Infant Health Care". The medical personnel performing technical service on premarriage medical examination, hereditary disease diagnosis, prenatal diagnosis and artificial insemination must pass the tests given by the municipal health administration department and obtain from the said department a "Certificate of Technical Qualification for Mother and Infant Health Care". Article 14 A report system is introduced in this city for the deaths of pregnant and lying in women, the deaths of infants, the birth defects of the newborn babies and the first diagnoses of the wounded and disabled infants. Article 15 The issuing departments shall verify the "Permit for Performing Technical Service on Mother and Infant Health Care" every year. The issuing departments shall verify the "Certificate of Technical Qualification for Mother and Infant Health Care" every three years. Chapter III PreMarriage Health Care Article 16 The medical and health institutions shall offer premarriage health care service to the citizens. Premarriage health care service includes the following contents: 1. Premarriage health advice: offering education on the knowledge of sex health, childbirths and hereditary diseases; 2. Premarriage health consulting: offering medical advice on issues such as marriage and childbirth health; and 3. Premarriage medical examination: conducting medical examination for the prospective couples for possible diseases that may adversely affect their marriage and childbirth; Article 17 The prospective couples shall accept premarriage medical examination at the preª²marriage medical examination unit in the locality of either side of them with the following documents: 1. Identification cards or other valid identification papers and the certificates of their household register; 2. "Certificate of Marital Status" issued by their work units or the residents' (villagers') committees in their localities; Article 18 Premarriage medical examination should cover the following diseases: 1. Serious hereditary diseases; 2. Designated contagious diseases; and 3. Relevant mental diseases. The specific items for premarriage medical examination shall observe the stipulations of the public health administrative departments under the State Council. Article 19 Both sides of the prospective couple shall honestly answer the inquiries of the medical personnel about their health conditions and cooperate with them when receiving the premarriage medical examination. Both sides of the prospective couple have the right to refuse to answer the questions irrelevant to the premarriage medical examination when receiving such an examination. Article 20 The medical and health care institutions conducting premarriage medical examination shall provide health care service in accordance with law, and are not allowed to overstep the scope of such service without permission or to willfully increase or reduce the items of examination. The medical and related personnel performing premarriage medical examination shall keep secret for the examined persons in accordance with law. Article 21 If the doctors conducting preª²marriage medical examination find the examined persons suffering from the designated contagious diseases and remaining in the period of contagion or suffering from the relevant mental diseases and remaining in the period of incidence, they shall put forward medical advice and the prospective couple shall postpone their marriage for the time being. Article 22 If the party concerned is diagnosed in the premarriage medical examination to be suffering from serious hereditary diseases and is unfit for childbirth, the doctors shall state the reasons to the prospective couple and put forward medical advice. The prospective couple may get married only after they have accepted long-term contraceptive measures, with the exception of those prohibited from marriage under the provisions of the "Marriage Law of the People's Republic of China". Article 23 The units conducting premarriage medical examination shall issue the "Certificate of Preª²Marriage Medical Examination" to the parties receiving such an examination. Article 24 If the parties receiving preª²marriage medical examination have different opinions from the results of examination, they may apply for a medical technical appraisal in accordance with the provisions in Section 1 of Article 46 of the present Regulations and obtain a "Certificate of Medical Technical Appraisal for Mother and Infant Health Care" after the appraisal is done. If the "Certificate of Premarriage Medical Examination" is not identical with the "Certificate of Medical Technical Appraisal for Mother and Infant Health Care", the latter prevails. Article 25 The marriage registration departments shall check the "Certificate of Premarriage Medical Examination" or the "Certificate of Medical Technical Appraisal for Mother and Infant Health Care" when handling marriage registration. Chapter IV Health Care during Pregnancy and Delivery Article 26 The medical and health institutions shall offer health care service during pregnancy and delivery to the women of childbearing age, the pregnant and lying in women and the newborn babies. The health care service during pregnancy and delivery includes the following contents: 1. Offer medical advice and consulting for the conception and breeding of healthy future generations; 2. Establish health care cards for the pregnant and lying in women and give regular prenatal and postnatal examinations; 3. Offer monitoring, regular visits and treatment for the high risk pregnant women; 4. Perform technical service of midwifery and induced labor to the pregnant and lyingª²in women for safe delivery; 5. Offer monitoring and medical advice and consulting for fetus growth; 6. Perform medical and health service and pay regular visits for the growth, feeding and nursing of the newborn babies; and 7. Other items defined by the municipal public health administration department. Article 27 If the doctors find or suspect through examination that a couple of childbearing age are suffering serious hereditary diseases, they shall put forward medical advice and the said couple shall take appropriate measures in accordance with the advice. Article 28 If a pregnant woman suffers a serious disease and pregnancy may endanger her life or seriously affect her health and the fetus's normal growth, the medical and health care institution shall give her medical advice and special monitoring. If continued pregnancy may jeopardize her health, the doctor shall give medical advice on pregnancy termination without delay. Article 29 If a pregnant woman has contacted the material that may cause malformation and pregnancy may endanger her life or seriously affect her health and the fetus's normal growth, the medical and health care institution shall give its medical advice. Article 30 If the doctor finds or suspects fetus abnormality in the prenatal examination, he shall conduct prenatal diagnosis for the pregnant woman. If the doctor determines in the prenatal examination that the fetus suffers a serious hereditary disease or has a serious defect, he should give medical advice on pregnancy termination without delay. Article 31 The medical and health care institution shall obtain the signed approval of the pregnant woman for a pregnancy termination operation or a birth control surgery. If the pregnant woman is an incompetent person, the doctor shall obtain the signed approval of her guardian. Article 32 The medical and health care institutions shall establish and improve the delivery monitoring system, improve the obstetrical conditions, and strengthen the obstetrical administration. The doctors and midwives shall strictly observe the obstetrical conventional systems and operating rules, and improve their midwifery techniques and service quality. Article 33 The medical and health care institutions shall issue a Medical Certificate of Birth for a newborn baby in accordance with the relevant stipulations. Article 34 This municipality advocates breast feeding and tries to raise the rate of breast feeding. All relevant units should ensure that nursing women have regular time for breast feeding. Article 35 Disease screening system is carried out for newborn babies in this municipality. The medical and health care institutions carrying out disease screening for newborn babies shall be responsible for conducting the examination, diagnosis and treatment of the diseases and pay regular visits to the newborn babies. Article 36 It is prohibited to use technical means to identify the sex of the fetus. If truly medically necessary, such identification shall be conducted by a medical and health care institution designated by the municipal public health administrative department. Article 37 If a woman who has given birth to a baby with a serious defect needs to have another childbirth, both of the couple shall, before pregnancy, receive medical examination at a medical and health care institution designated by the city public health administrative department. If necessary, the baby with a defect shall also be medically examined. The medical and health care institution shall offer medical advice in line with the results of the examination. Article 38 The pregnant women among the floating population who are temporarily living in this municipality may register at the subdistrict or township (town) hospitals, establish health care cards and receive health care service during pregnancy and delivery. The pregnant women among the floating population shall be hospitalized for delivery. Chapter V Infant and Child Health Care Article 39 The medical and health care institutions shall perform health care service to the infants and children. The said service includes the following contents: 1. Give scientific nursing and medical advice and consulting for the health care of the infants and children; 2. Conduct regular medical examination and growth monitoring for the infants and children; 3. Prevent and treat the common and frequently occurring infantile diseases; 4. Give rehabilitation and health care service for the weak, disabled and retarded children; 5. Undertake the planned immunity work; and 6. Other items defined by the municipal public health administrative department. Article 40 The guardian shall within one month after a child is born, bring the newborn baby to register at the subdistrict or township (town) hospital in the locality where the baby's mother is registered permanent resident and obtain a child health card. The child health card is a record of the regular medical examination and other systematic health care services carried out by the medical and health care institutions for the infants and children and is used for the health certificate for them to enter the childª²care centers, kindergartens and primary schools. Article 41 The infants and children of the floating population who are temporarily living in this municipality, shall be registered by their guardians at the subdistrict or township (town) hospitals, obtain the child health card and receive systematic infant and child health care. Article 42 The childcare centers and kindergartens shall have clinics, and the boarding ones shall have isolation rooms. The childcare centers and kindergartens shall be staffed with appropriate health care personnel in proportion to the numbers of the children under their care. The childcare centers and kindergartens shall give professional training to the health workers, nurses and dietitians. Article 43 The health workers, nurses and dietitians of the childcare centers and kindergartens shall receive relevant professional training and technical grading tests, and obtain the corresponding technical grading certificates. The workers of the child centers and kindergartens shall go to the maternity and childcare centers in the locality of their units for health examination and obtain the health certificates. Chapter VI Medical Technical Appraisal Article 44 This municipality establishes the Shanghai Medical Technical Appraisal Committee for Mother and Infant Health Care. The Committee shall, in accordance with law, carry out medical technical appraisal of the controversial results of the premarriage medical examination, the hereditary disease diagnosis and the prenatal diagnosis done by the medical and health care institutions. Article 45 The members of the Municipal Medical Technical Appraisal Committee for Mother and Infant Health Care shall be nominated by the municipal public health administrative department and approved by the Municipal People's Government. The members of the said Committee must possess clinical experience, medical knowledge of genetics, and senior health professional and technical titles. Article 46 If the party concerned has different opinions from the results of the premarriage medical examination, hereditary disease diagnosis and prenatal diagnosis, he or she may, within 15 days from the date of receiving the diagnosis paper, apply in writing to the Municipal Medical Technical Appraisal Committee for Mother and Infant Health Care for appraisal. The said Committee shall within 30 days after receiving the written application, make an appraisal conclusion. Under special circumstances, the time limit may be extended, but not more than 60 days. Article 47 The Municipal Medical Mechanical Appraisal Committee for Mother and Infant Health Care shall issue a "Certificate of Medical Technical Appraisal for Mother and Infant Health Care" after an appraisal conclusion is drawn. Article 48 The members of the Municipal Medical Technical Appraisal Committee for Mother and Infant Health Care shall conduct medical technical appraisal in accordance with law, and are not allowed to abuse their authority, neglect their duties or act wrongfully for selfish ends. A challenge system is enforced for medical technical appraisal. All the personnel, who are an interested party to the appraisal applicant and may affect the fairness of the appraisal, shall withdraw from making the appraisal. Chapter VII Legal Liability Article 49 For a medical and health care institution which has the "Permit for Offering Technical Services for Mother and Infant Health Care" but employs the personnel who do not have the "Certificate of Technical Qualification for Mother and Infant Health Care" or a medical and health institution which does not have the "Permit for Offering Technical Services for Mother and Infant Health Care", the public health administrative department shall stop it from offering the technical services specified in the present Regulations, or issuing the relevant medical certificates specified in the present Regulations, give it a disciplinary warning or impose a fine of between 2,000 and 5,000 yuan. If the case is serious, a fine of between 10,000 and 30,000 yuan shall be imposed. For a person who does not have the "Certificate of Technical Qualification for Mother and Infant Health Care", the public health administration department shall stop him from offering the technical services specified in the present Regulations or issuing the relevant medical certificates specified in the present Regulations, give him/her a disciplinary warning or impose a fine of between 1,000 and 5,000 yuan. If the case is serious, a fine of between 5,000 and 10,000 yuan shall be imposed. For a unit which employs the personnel who do not have the "Health Certificate for Personnel of Child Care Centers and Kindergartens", the public health administrative department shall stop it from running a childcare center or kindergarten, give it a disciplinary warning or impose a fine of between 500 and 2,000 yuan. Article 50 If the personnel engaged in the work of mother and infant health care issue relevant false medical certificates or conduct sex identification for fetus in violation of the provisions of the present Regulations, the medical and health care institution or the public health administrative department shall impose administrative penalties on them. If the case is serious, their professional credentials shall be revoked in accordance with law. Article 51 If the wrong doing party refuses to obey the specific administrative act of the public health administrative department, he/she may apply for administrative reconsideration or bring an administrative action in accordance with the provisions of the "Regulations on Administrative Reconsideration" and the "Administrative Litigation Law of the People's Republic of China". If the wrongdoing party fails within the prescribed time limit to apply for reconsideration, to bring an action or to perform the administrative penalties, the department which has made the administrative penalty decision may apply to the people's court for enforcement in accordance with the provisions of the "Administrative Litigation Law of the People's Republic of China". Article 52 The public health administrative personnel shall abide by the laws and disciplines, and enforce the law with justice. Anyone, who neglects his/her duties, abuses his/her authority or acts wrongfully for selfish ends shall be subjected to administrative penalties imposed by his/her work unit or the higher competent authorities. Those whose act constitutes a crime shall be prosecuted for their criminal liability. Chapter VIII Supplementary Provisions Article 53 The present Regulations shall become effective on March 1, 1997. |
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