THE PEOPLE'S REPUBLIC OF CHINA BASIC MEDICAL AND HEALTH SERVICES LAW AND HEALTH PROMOTION LAW
(Adopted at the 15th Session of the Standing Committee of the 13th National People's Congress on December 28, 2019)
Table of Contents
Chapter I General Provisions
Chapter II Basic Medical and Health Services
Chapter III Medical and Health Institutions
Chapter IV Medical and Health Personnel
Chapter V Pharmaceutical Supply Guarantee
Chapter VI Health Promotion
Chapter VII Funding Guarantee
Chapter VIII Supervision and Administration
Chapter IX Legal Liabilities
Chapter X Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution to develop medical and health services and health promotion, ensure citizens' access to basic medical and health services, improve citizens' health levels, and advance the Healthy China initiative.
Article 2 This Law applies to activities related to medical and health services, health promotion, and their supervision and management.
Article 3 Medical and health services shall adhere to the principle of putting people first and serving public health. The medical and health sector shall uphold the principle of public welfare.
Article 4 The state and society respect and protect citizens' right to health. The state implements the Healthy China strategy to promote healthy lifestyles, optimize health services, improve health security, build a healthy environment, develop health industries, and enhance citizens' health throughout their lifespans. The state establishes a health education system to guarantee citizens' right to health education and improve their health literacy.
Article 5 Citizens shall enjoy the right to obtain basic medical and health services from the state and society in accordance with the law. The state establishes a basic medical and health system to ensure the realization of this right.
Article 6 People's governments at all levels shall prioritize people's health in their strategic development plans, integrate health concepts into all policies, adhere to prevention-oriented approaches, improve health promotion systems, organize and implement health-promoting plans and actions, advance nationwide fitness programs, establish health impact assessment mechanisms, and incorporate improvements in citizens' major health indicators into government performance evaluations. All sectors of society shall support the development of medical and health services and health promotion.
Article 7 The State Council and local people's governments at all levels shall lead medical and health work. The National Health Commission under the State Council shall coordinate nationwide medical and health efforts. Other relevant departments shall fulfill their responsibilities within their respective mandates. Local health commissions at or above the county level shall coordinate medical and health work within their administrative regions.
Article 8 The state strengthens basic medical research, encourages innovation in medical science and technology, supports clinical applications, promotes the integration of medical and health services with information technology, and advances the popularization of appropriate medical technologies to improve service quality. The state develops medical education to cultivate a skilled workforce.
Article 9 The state prioritizes the development of traditional Chinese medicine, adhering to the principle of equal emphasis on traditional Chinese and Western medicine, fostering innovation while preserving heritage, and leveraging the unique role of traditional Chinese medicine in medical and health services.
Article 10 The state optimizes the allocation of medical and health resources, prioritizing grassroots-level development to enhance service capabilities in counties, towns, villages, and urban communities.
Article 11 The state increases fiscal investment in medical and health services, providing targeted support to revolutionary old areas, ethnic regions, border areas, and economically underdeveloped regions through transfer payments.
Article 12 The state encourages and supports participation from citizens, legal entities, and other organizations in medical and health initiatives through institutional establishment, donations, and funding, meeting diverse health needs. Donations for medical and health purposes are eligible for tax incentives.
Article 13 Outstanding contributions to medical and health services shall be recognized and rewarded in accordance with state regulations.
Article 14 The state promotes international exchanges and cooperation in medical and health services, adhering to principles of sovereignty, security, and public interest.
Chapter II Basic Medical and Health Services
Article 15 Basic medical and health services include essential public health services and basic medical services, provided in a fair, accessible, and affordable manner using appropriate technologies and resources. Essential public health services are provided free of charge by the state.
Article 16 The state ensures safe and effective essential public health services, controls health risk factors, and enhances disease prevention capabilities. National essential public health service programs are formulated by the National Health Commission in collaboration with relevant departments. Provincial governments may supplement local programs subject to central record-filing.
Article 17 The state incorporates key public health services into national and provincial initiatives targeting specific regions, diseases, and populations. Local governments implement targeted disease control and health promotion programs.
Article 18 Public health services are delivered through professional institutions, grassroots healthcare providers, or contracted services.
Article 19 The state establishes an emergency health response system to manage public health crises, including medical treatment, epidemiological investigations, and psychological support.
Article 20 The state implements an infectious disease prevention and control system, enforcing measures such as monitoring, early warning, and integrated prevention strategies to block transmission pathways.
Article 21 The state mandates immunization programs, ensuring citizens' rights and obligations to receive free vaccinations.
Article 22 The state establishes chronic disease prevention and management systems, focusing on high-risk groups and early interventions.
Article 23 The state strengthens occupational health protection, requiring employers to implement hazard control measures and improve working conditions.
Article 24 The state prioritizes maternal and child health, integrating reproductive health and birth defect prevention into essential services.
Article 25 The state advances elderly care services, incorporating health management and disease prevention into basic public health programs.
Article 26 The state supports disability prevention and rehabilitation, prioritizing children's rehabilitation and integrating education with therapy.
Article 27 The state establishes pre-hospital emergency care systems, ensuring timely treatment for critically ill patients. Public facilities must provide emergency equipment as required.
Article 28 The state develops mental health services, enhancing psychological support networks and crisis intervention mechanisms.
Article 29 Basic medical services are primarily provided by government-run institutions, with encouragement for private sector participation.
Article 30 The state promotes tiered medical care systems, guiding non-emergency patients to grassroots providers and establishing referral mechanisms aligned with medical insurance policies.
Article 31 Grassroots institutions implement family doctor contracting services to deliver personalized healthcare.
Article 32 Patients have the right to be informed about diagnoses, treatment risks, costs, and alternatives. Informed consent is mandatory for surgeries and high-risk procedures.
Article 33 Patients shall be treated with dignity and privacy. Healthcare providers must respect patients' rights and maintain service order.
Chapter III Medical and Health Institutions
Article 34 A comprehensive healthcare network shall be established, comprising grassroots institutions, hospitals, and specialized public health agencies.
Article 35 Grassroots institutions focus on preventive care, health education, and community-based services. Hospitals specialize in diagnostics, emergency care, and medical research. Public health agencies handle disease control, maternal health, and environmental health.
Article 36 Healthcare institutions must operate within licensed scopes, maintaining ethical and professional standards.
Article 37 Governments plan healthcare resource distribution, considering demographic, economic, and health needs.
Article 38 Licensing requirements for medical institutions include compliance with facility, staffing, and operational standards.
Article 39 Institutions are classified as non-profit or for-profit, with non-profit entities prioritized for public welfare.
Article 40 Government-run institutions operate under budgetary oversight, prohibiting commercial partnerships.
Article 41 Private institutions enjoy equal rights with public counterparts in areas like insurance reimbursement and technical access.
Article 42 National medical centers focus on advanced diagnostics and research to address critical health challenges.
Article 43 Institutions must adhere to quality management standards, optimizing service delivery and risk mitigation.
Article 44 High-risk medical technologies are subject to strict regulation based on safety and ethical considerations.
Article 45 Modern hospital governance systems emphasize transparency, accountability, and efficiency.
Article 46 Healthcare premises are protected zones; disruptions are prohibited.
Article 47 The state promotes medical risk-sharing mechanisms, encouraging liability insurance for institutions and accident insurance for patients.
Article 48 Innovation in diagnostics, therapeutics, and digital health technologies is incentivized to improve accessibility.
Article 49 The state advances health informatics, telemedicine, and data-sharing frameworks to enhance service equity.
Article 50 Healthcare providers must respond to public health emergencies, with protections for participating personnel.
Chapter IV Medical and Health Personnel
Article 51 Healthcare professionals must uphold professionalism, ethics, and continuous skill development.
Article 52 National training programs cultivate skilled medical workers, emphasizing general practitioners for primary care.
Article 53 Licensing and registration are mandatory for medical practitioners.
Article 54 Practitioners must adhere to evidence-based protocols, avoid conflicts of interest, and respect patient autonomy.
Article 55 Compensation systems recognize healthcare professionals' contributions, with incentives for rural and underserved areas.
Article 56 Rural healthcare workforce development includes subsidized education, career advancement, and pension support.
Article 57 Patient safety and professional dignity are legally protected. Harassment or violence against healthcare workers incurs criminal or civil liabilities.
Chapter V Pharmaceutical Supply Guarantee
Article 58 The state ensures safe, effective, and accessible pharmaceutical supplies through coordinated policies.
Article 59 A national essential drug program guarantees affordable access to core medications, with dynamic updates based on clinical needs.
Article 60 Regulatory frameworks prioritize innovation in drug development, particularly for rare and critical diseases.
Article 61 Full lifecycle traceability systems ensure pharmaceutical quality and safety.
Article 62 Price monitoring and anti-monopoly enforcement maintain fair market practices.
Article 63 Strategic reserves of critical medical supplies address emergencies.
Article 64 Market dynamics and supply-demand analyses guide resource allocation.
Article 65 Medical device standards and equitable distribution are enforced.
Article 66 Traditional Chinese medicine is protected and integrated into modern healthcare systems.
Chapter VI Health Promotion
Article 67 Public health education fosters healthy lifestyles, disease prevention, and emergency preparedness.
Article 68 Health education is embedded in school curricula, emphasizing physical activity, nutrition, and mental well-being.
Article 69 Citizens bear primary responsibility for their health, adopting healthy behaviors and respecting others' rights.
Article 70 National health assessments inform policy development and resource allocation.
Article 71 Disease surveillance and risk factor management systems identify and mitigate public health threats.
Article 72 Patriotic health campaigns improve environmental hygiene and community health.
Article 73 Stringent food and water safety regulations protect public health.
Article 74 Nutrition interventions target vulnerable populations to reduce diet-related diseases.
Article 75 Nationwide fitness infrastructure and programs encourage active lifestyles.
Article 76 Specialized health programs address the needs of women, children, the elderly, and disabled individuals.
Article 77 Public venues adhere to hygiene standards, with regular inspections and transparency.
Article 78 Smoking control measures, including bans in public spaces and youth access restrictions, are enforced.
Article 79 Employers provide safe working environments and promote employee wellness.
Article 80 Governments allocate funds to sustain healthcare systems, balancing prevention, treatment, and insurance coverage.
Chapter VII Funding Guarantee
Article 81 Fiscal oversight ensures transparent and efficient use of health funds.
Article 82 Basic medical services are financed through insurance premiums, individual contributions, and government subsidies.
Article 83 A multi-tiered insurance system integrates basic coverage, commercial insurance, and social assistance.
Article 84 Payment mechanisms balance affordability and quality, incentivizing efficient service delivery.
Chapter VIII Supervision and Administration
Article 85 Integrated regulatory frameworks combine institutional self-governance, industry ethics, and government oversight.
Article 86 Public security and judicial authorities combat illegal activities disrupting healthcare services.
Article 87 Government agencies enforce compliance with health and safety regulations.
Article 88 Whistleblower protections and public complaints mechanisms uphold accountability.
Article 89 Legal liabilities address breaches of privacy, data security, and professional misconduct.
Chapter IX Legal Liabilities
Article 90 Violations of licensing, operational, or ethical standards incur fines, license revocation, or criminal penalties.
Article 91 Administrative penalties target fraudulent insurance claims, data breaches, and violent acts against healthcare workers.
Article 92 Severe offenses lead to criminal prosecution and civil damages.
Chapter X Supplementary Provisions
Article 93 Definitions clarify terms like "basic medical services" and "medical institutions."
Article 94 Local governments may enact supplementary regulations.
Article 95 Military healthcare systems operate under separate guidelines.
Article 96 This Law takes effect on June 1, 2020.