Law of the People's Republic of China on Basic Medical and Health Care and the Promotion of Health 

(Adopted at the 15th Meeting of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on December 28, 2019)

Contents

Chapter I General Provisions

Chapter II Basic Medical and Healthcare Services

Chapter III Medical and Healthcare Institutions

Chapter IV Medical and Healthcare Professionals

Chapter V Guarantee of Medicine Supply

Chapter VI Health Promotion

Chapter VII Guarantee of Funds

Chapter VIII Supervision and Administration

Chapter IX Legal Liabilities

Chapter X Supplementary Provisions

Chapter I

General Provisions

Article 1 This Law is formulated in accordance with the Constitution of the People's Republic of China for the purposes of developing medical and healthcare undertakings, ensuring citizens' enjoyment of basic medical and healthcare services, improving citizens' health and promoting the construction of Healthy China. 

Article 2 This Law shall be applicable to the activities of medical and healthcare services delivery, health promotion activities, as well as the supervision and administration of such activities. 

Article 3 Medical and healthcare undertakings shall be people-centered and serve public health. 

Medical and healthcare undertakings shall adhere to 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, promotes healthy lifestyle, optimizes health services, improves health guarantees, creates a healthy environment, develops the health industry and enhances citizens' full-life-cycle health conditions. 

The state establishes a health education system, ensures citizens' access to health education and improves citizens' health literacy. 

Article 5 Citizens shall, in accordance with applicable laws, have the right to receive basic medical and healthcare services from the state and society. 

The state establishes a basic medical and healthcare system, establishes and improves a medical and healthcare service system, protects and realizes citizens' right to basic medical and healthcare services. 

Article 6 People's governments at all levels shall place people's health at the strategic position of priority development, integrate the idea of health into each and every policy, focus on prevention, improve the health promotion system, organize and implement health promotion programs and activities, carry out national fitness campaigns, establish a health impact assessment system, and incorporate the improvement of citizens' major health indicators into the assessment of government's target responsibilities. 

The whole society shall care for and support the development of medical and healthcare undertakings. 

Article 7 The State Council and local people's governments at all levels shall lead the medical, healthcare and health promotion work. 

The health department under the State Council shall be responsible for coordinating the nationwide medical, healthcare and health promotion work. Other departments under the State Council shall be responsible for the medical, healthcare and health promotion work within their respective scopes of responsibility. 

Health departments of governments at the county level and above shall be responsible for the medical, healthcare and health promotion work within their respective administrative areas. Other relevant departments of governments at the county level and above shall be responsible for the work on medical, healthcare and health promotion work within their respective scopes of responsibility. 

Article 8 The state reinforces the fundamental scientific research of medicine, encourages the innovation of medical science and technology, supports the development of clinical medicine, stimulates the transformation and application of the achievements in medical science and technology, advances the integration of medical, healthcare and information technologies, and promotes appropriate medical and healthcare techniques, so as to improve the quality of medical and healthcare services. 

The state develops medical education, improves a medical education system compatible with the development of medical and healthcare undertakings, and vigorously trains medical and healthcare professionals. 

Article 9 The state vigorously develops the traditional Chinese medicine undertaking, attaches equal importance to both traditional Chinese medicine and Western medicine, combines inheritance and innovation, and maximizes the unique role of traditional Chinese medicine in medical, healthcare and health promotion undertakings. 

Article 10 The state makes rational planning and allocation of medical and healthcare resources, focuses on healthcare at the primary level, takes measures to prioritize the development of medical and healthcare institutions below the county level, so as to enhance their capacity for medical and healthcare service delivery. 

Article 11 The state increases fiscal investment in medical and healthcare undertakings, and helps old revolutionary base areas, areas with large ethnic minority populations, border areas, and poor areas to develop medical and healthcare undertakings through transfer payment and other methods. 

Article 12 The state encourages and supports citizens, legal persons and other organizations to participate in medical and healthcare undertakings through such methods as establishment of institutions, donation and subsidization in accordance with law, so as to satisfy citizens' diverse, differentiated and personalized health needs. 

Citizens, legal persons and other organizations who donate properties to medical and healthcare undertakings shall enjoy preferential tax treatment in accordance with law. 

Article 13 Organizations and individuals making outstanding contributions to medical and healthcare undertakings shall be commended and rewarded in accordance with provisions promulgated by the state. 

Article 14 The state encourages and supports international exchange and cooperation in the field of medical and healthcare service and health promotion. 

International exchange and cooperation activities in the field of medical and healthcare service and health promotion shall be carried out in a way that complies with laws and administrative regulations, and upholds state sovereignty, national security and public interests. 

Chapter II

Basic Medical and Healthcare Services

Article 15 Basic medical and healthcare services refer to such services as disease prevention, diagnosis, treatment, nursing and rehabilitation that are essential to maintaining human health, adapted to the level of economic and social development, equitably accessible by all citizens, and provided through the application of appropriate medicines, techniques and equipment.

Basic medical and healthcare services include basic public health services and basic medical services. Basic public health services are provided by the state free of charge.

Article 16 The state adopts measures to ensure citizens' access to safe and effective basic public health services, controls health risk factors, and improves the level of disease prevention and control.

National basic public health service programs shall be determined by the health department under the State Council in conjunction with the department of finance and the department of traditional Chinese medicine under the State Council.

People's governments of provinces, autonomous regions and municipalities directly under the Central Government may, on the basis of national basic public health service programs, determine supplementary basic public health service programs within their respective administrative regions, and report such programs to the health department under the State Council for recordation.

Article 17 The State Council and people's governments of provinces, autonomous regions and municipalities directly under the Central Government may incorporate services for key regions, key diseases and targeted groups into basic public health service programs and organize the implementation thereof.

People's governments at the county level and above shall carry out specific prevention and control programs in light of major diseases and major health risk factors within their respective administrative regions.

Article 18 People's governments at the county level and above shall provide basic public health services through the establishment of professional public health institutions, primary-level healthcare institutions and hospitals, or through the purchase of services from other medical and healthcare institutions.

Article 19 The state establishes and improves a health emergency response system, develops and refines emergency preparedness and response plans, organizes and carries out such health emergency response work as medical treatment, hygiene investigation and disposal, and psychological assistance in an emergency, and effectively controls and eliminates hazards.

Article 20 The state establishes an infectious diseases prevention and control system, develops plans for the prevention and control of infectious diseases and organizes the implementation thereof, strengthens infectious diseases surveillance and warning systems, and adheres to the principles of prevention first, combination of prevention and treatment, joint prevention and control, mobilization of the public in prevention and control, prevention and control at the sources, and comprehensive governance, so as to block transmission routes, protect vulnerable populations, and reduce hazards of infectious diseases.

All organizations and individuals shall accept and cooperate with the investigation, inspection, specimen collection, treatment in quarantine, medical observation and other measures taken by medical and healthcare institutions in accordance with law for the prevention, control and elimination of the hazard of infectious diseases.

Article 21 The state implements the vaccination system and strengthens the immunization planning work. Residents shall have the right and the obligation to be vaccinated under the immunization program in accordance with law. The government shall provide residents with vaccines in the immunization program free of charge.

Article 22 The state establishes a chronic non-communicable diseases prevention, control and manage system, conducts monitoring of, investigation into, and comprehensive intervention in chronic non-communicable diseases and pathogenic risk factors thereof, identifies high-risk groups in a timely manner, provides patients and high-risk groups with such services as diagnosis and treatment, early intervention, follow-up visit and management and health education.

Article 23 The state strengthens the protection of occupational health. People's governments at the county level and above shall develop prevention and control plans for occupational diseases, establish and improve occupational health work mechanism, strengthen supervision over and administration of occupational health work, and enhance the capacity for and level of comprehensive prevention and control of occupational diseases.

Employers shall control hazard factors of occupational diseases, adopt engineering techniques, individual protection, health management and other comprehensive control measures to improve occupational environments and conditions.

Article 24 The state develops maternal and child healthcare undertakings, establishes and improves a maternal and child healthcare service system, provides women and children with healthcare and common diseases prevention and treatment services, and guarantees the health of women and children.

The state takes measures to provide citizens with such services as premarital, pre-pregnancy, pregnancy and post-natal healthcare, promotes reproductive health, and prevents birth defects.

Article 25 The state develops the elderly healthcare undertaking. The State Council and people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall incorporate health management and common disease prevention for the elderly into basic public health service programs.

Article 26 The state develops the disability prevention and rehabilitation undertaking, improves the disability prevention and rehabilitation system and its guarantee system, and takes measures to provide the disabled with basic rehabilitation services.

People's governments at the county level and above shall prioritize rehabilitative services for children with disabilities, and combine rehabilitation with education.

Article 27 The state establishes and improves a pre-hospital first-aid system to provide timely, standardized and effective first-aid services to patients with acute, severe and life-threatening conditions.

Health departments, red cross societies, and other relevant departments and organizations shall actively organize first-aid training, disseminate first-aid knowledge, encourage medical and healthcare professionals and people who have received first-aid training to participate in first-aid services at public places. Public places shall, in compliance with applicable provisions, be equipped with requisite first-aid equipment and facilities.

First-aid centers (stations) shall not refuse to provide or delay providing first-aid services to patients with acute, severe and life-threatening conditions on grounds of no-payment of fees.

Article 28 The state develops the mental health undertaking, establishes and improves the mental health service system, protects and enhances citizens' mental health, and prevents and treats mental disorders.

The state takes measures to strengthen the building of the mental health service system and  professional team, promotes effective connection between mental health education, psychological assessment, psychological counseling and psychological treatment services, sets up a public interest psychological assistance hotline, and enhances mental health services for such key groups as minors, the disabled and the elderly.

Article 29 Basic medical services shall mainly be provided by government-run medical and healthcare institutions. The state encourages medical and healthcare institutions run by the private sector to provide basic medical services.

Article 30 The state promotes tiered referral system for basic medical services, directs non-emergency patients to firstly visit primary-level healthcare institutions, implements the accountability system for initial diagnosis and referral review, and gradually establishes a mechanism characterized by initial diagnosis by primary-level healthcare institutions, two-way referral, separated treatment of acute and chronic diseases, and vertical coordination, and dovetailed with the basic medical insurance system.

People's governments at the county level and above shall, in light of medical and healthcare needs within their respective regions, integrate government-run medical and healthcare resources within the regions, and establish such coordinated and collaborative medical services mechanism as medical consortium in light of local circumstances. Medical and healthcare institutions run by private sector shall be encouraged to participate in this mechanism.

Article 31 The state promotes contract-based care provided by family doctors in primary-level medical and healthcare institutions, establishes family doctor service teams that sign contracts with residents, and provide basic medical and healthcare services in light of residents' health conditions and medical needs.

Article 32 Citizens shall have the right to informed consent in matters relating to their illness, diagnosis and therapy plan, medical risks, and medical expenses when receiving medical and healthcare services.

Before performing any surgery, special examination or treatment, medical and healthcare professionals shall explain medical risks, alternative therapy plan and other conditions to patients in a timely manner and obtain their consent; if it is not possible or appropriate to explain such matters to a patient, they shall explain them to close relatives of the patient and obtain informed consent thereof, except as otherwise prescribed by law.

Clinical trials on drugs or medical devices and other medical researches shall comply with medical ethics, pass ethics review and obtain informed consent in accordance with law.

Article 33 Citizens shall be treated with respect when they receive medical and healthcare services. Medical and healthcare institutions, and medical and healthcare professionals shall care for patients and treat patients equally, respect patients' personal dignity, and protect patients' privacy.

Citizens shall comply with rules on diagnosis and treatment, observe the order of medical and healthcare services, and respect medical and healthcare professionals.

Chapter III

Medical and Healthcare Institutions 

Article 34 The state establishes and improves a medical and healthcare system composed of primary-level medical and healthcare institutions, hospitals, professional public health institutions, among others, and characterized by full coverage of urban and rural areas, complementary functions and continuous coordination.

The state strengthens the construction of county-level hospitals, town and township health centers, village clinics, community health centers (stations) and professional public health institutions, and establishes and improves a rural medical and healthcare service network and an urban community healthcare service network.

Article 35 Primary-level medical and healthcare institutions shall mainly provide such basic medical and healthcare services as disease prevention, healthcare, health education, disease management, creation of residents health records, diagnosis and treatment of common or frequently-occurring diseases, and rehabilitation and nursing of patients suffering from certain diseases, accepting patients referred by hospitals, and referring patients beyond their service capacity to hospitals.

Hospitals shall mainly provide such medical and healthcare services as diagnosis and treatment of diseases, especially severe acute and difficult and complicated diseases, and health education. Moreover, they shall carry out medical education, training of medical and healthcare professionals, and medical scientific researches, and provide guidance to primary-level medical and healthcare institutions.

Specialized public health institutions shall mainly provide such public health services as prevention and control of infectious diseases, chronic non-communicable diseases, occupational diseases and endemic diseases, health education, maternal and child care, mental healthcare, pre-hospital first-aid, blood collection and supply, food safety risk monitoring and evaluation, and birth defects prevention.

Article 36 Medical and healthcare institutions of all types and at all levels shall divide responsibilities and cooperate with each other to provide citizens with such all-round and full-life-cycle medical and healthcare services as disease prevention, healthcare, treatment, nursing, rehabilitation, and palliative care.

People's government at all levels shall take measures to support medical and healthcare institutions in establishing cooperation mechanisms with nursing homes for the aged, child welfare institutions and community organizations to provide safe and convenient medical and healthcare services for the elderly, orphans and children with disabilities.