Measures for Implementation of the Law of the People's Republic of China on Maternal and Infant Health Care (2023 Revision)

Measures for Implementation of the Law of the People's Republic of China on Maternal and Infant Health Care (2023 Revision)

(Issued by Order No. 308 of the State Council of the People's Republic of China on June 20, 2001; revised for the first time in accordance with the Decision of the State Council on Amending Some Administrative Regulations issued on November 17, 2017; revised for the second time in accordance with the Decision of the State Council on Amending and Repealing Some Administrative Regulations issued on March 29, 2022; and revised for the third time in accordance with the Decision of the State Council to Amend and Repeal Certain Administrative Regulations on July 20, 2023)

Chapter I General Provisions

Article 1 These Measures are developed in accordance with the Law of the People's Republic of China on Maternal and Infant Health Care (hereinafter referred to as the “Law on Maternal and Infant Health Care”).

Article 2 Institutions providing maternal and infant health care services in the territory of the People's Republic of China and their staff members shall comply with the Law on Maternal and Infant Health Care and these Measures.

Article 3 The technical services for maternal and infant health care mainly include the following:

(1) popular science dissemination, education and consultation of maternal and infant health care;

(2) pre-marital medical examination;

(3) prenatal diagnosis and genetic disease diagnosis;

(4) skills of midwifery;

(5) performance of birth control surgery according to medical needs;

(6) disease screening for newborn babies; and

(7) other reproductive health care services on childbearing, birth control and infertility.

Article 4 Citizens shall have the right to learn the truth of and to choose maternal and infant health care. The state shall guarantee citizens' right to receive appropriate maternal and infant health care services.

Article 5 The maternal and infant health care shall focus on health care for the purpose of safeguarding reproductive health, and implement the policy of combining health care with clinic treatments, meeting the needs of various groups and the needs of citizens at the grass-roots level, and giving priority to prevention.

Article 6 The people's governments at all levels shall include maternal and infant health care in their plans for economic and social development, provide necessary economic, technical and material conditions for the development of maternal and infant health care, and give special support to the maternal and infant health care in areas inhabited by ethnic minorities and in poverty-stricken areas.

The people's governments at or above the county level may, in light of the particular conditions and needs of their respective localities, set up special fund for the development of maternal and infant health care undertaking.

Article 7 The health administrative department under the State Council shall be responsible for the work of maternal and infant health care throughout the country, and perform the following duties:

(1) Developing supporting rules and technical norms for the Law on Maternal and Infant Health Care and these Measures.

(2) Developing national development plan and implementation procedures for the maternal and infant health care under the principle of hierarchical and classified guidance.

(3) Organizing the popularization of appropriate technologies for maternal and infant health care and other reproductive health services.

(4) Exercising supervision over the work of maternal and infant health care.

Article 8 The departments of public finance, public security, civil affairs, education, human resources and social security of the people's governments at or above county level shall, within the scope of their respective functions, coordinate efforts with the health administrative department at the same levels in the work of maternal and infant health care.

Chapter II Pre-marital Health Care

Article 9 For the purposes of Article 7 of the Law on Maternal and Infant Health Care, the pre-marital health instructions include the following:

(1) health care and education on sexual hygiene;

(2) contraception and family planning instructions for newly-married couples;

(3) pre-conception health care knowledge such as preparation for pregnancy and the influence of environment and diseases on offspring;

(4) basic knowledge on genetic diseases;

(5) basic knowledge on diseases affecting the marriage and childbearing; and

(6) other knowledge on reproductive health.

Doctors shall, when conducting pre-marital health consultations, provide scientific information to their clients, give instructions on possible consequences and offer appropriate advice.

Article 10 In the regions operating a system of pre-marital medical examination, both the male and the female planning to get married shall, before marriage registration, undergo pre-marital medical examination in medical and health care institutions.

Article 11 The medical and health care institutions conducting pre-marital medical examinations are subject to the examination of the health administrative department of the people's governments at the county level where such institutions are located; and those medical and health care institutions meeting the conditions shall be given a clear indication on the Practicing License for a Medical Institution.

Article 12 To apply for engaging in the pre-marital medical examination, a medical and health care institution shall satisfy the following requirements:

(1) Having separate examination rooms for male and female, and equipment for routine and special examinations.

(2) Having a room for pre-marital reproductive health publicity and education.

(3) Being staffed with licensed doctors qualified for pre-marital medical examination for male and female.

Article 13 A pre-marital medical examination shall include inquiry on medical history, physical examination and other relevant examinations.

The pre-marital medical examination shall conform to the work norms for pre-marital health care, and be conducted in accordance with the items of pre-marital medical examination. The work norms of pre-marital health care and the items of pre-marital medical examination shall be provided for by the health administrative department under the State Council.

Article 14 After a pre-marital medical examination, the medical and health care institution shall issue a pre-marital medical examination certificate to a person who has undergone such examination.

The pre-marital medical examination certificate shall state whether the following diseases are detected:

(1) Designated infectious diseases in the infectious period.

(2) Relevant mental diseases in the morbid period.

(3) Serious genetic diseases inappropriate for childbearing.

(4) Other diseases that are medically considered inappropriate for marriage.

Doctors shall, upon detection of the diseases specified in item (1), (2) or (3) of the preceding paragraph, explain the situation to the parties, give advice on the prevention and treatment of such diseases, and propose corresponding medical measures. Parties may, in accordance with the medical advice of doctors, postpone the marriage or voluntarily take long-acting contraceptive measures or undergo ligation operations; the medical and health care institution shall provide medical consultations and services for the treatment.

Article 15 Where a medical and health care institution, after pre-marital medical examination, fails to make a definite diagnosis, the case shall be transferred to a medical and health care institution designated by the health administrative department under the people's government at or above the level of districted city for a definite diagnosis.

Article 16 In regions operating a system of pre-marital medical examination, the marriage registration orga......