中华人民共和国母婴保健法 Law of the Peoples Republic of China on Maternal and Infant Health Care

rovide lying-in women with guidance as to the scientific way of rearing babies， rational nutrition and breastfeeding.

　　Medical and health institutions shall give physical check-up and preventive inoculation to infants， and gradually develop medical and healthcare services such as the screening examination of diseases of new- born babies， the prevention and control of frequently occurring and commonly-seen diseases among infants.

　　Chapter IV Technical Appraisement

　　Article 25 The local people's governments at or above the county level may establish institutions for medical technical appraisement which shall be responsible for making medical technical appraisement when dissenting views arises on the results of pre-marital medical examination， genetic diseases diagnosis or prenatal diagnosis.

　　Article 26 Personnel engaged in medical technical appraisement must have clinical experience， medical genetic knowledge and the professional title of physician-in-charge or above.

　　Component members of the medical technical appraisement institutions shall be nominated by the administrative departments of public health and engaged by the people's governments at the corresponding levels.

　　Article 27 The challenge system shall be instituted in making medical technical appraisement. Personnel who has an interest in the party concerned. which may affect the impartiality of the appraisement， shall withdraw.

　　Chapter V Administrative Management

　　Article 28 People's governments at various levels shall take measures to strengthen the work of maternal and infant health care， to improve medical and health-care services， to work hard at preventing and contorting the frequently-occurring endemic diseases， caused by environmental factors， that are seriously jeopardizing the health of mothers and infants， thereby promoting the development of undertakings of maternal and infant health care.

　　Article 29 Administrative departments of public health under the people's governments at or above the county level shall administer the work of maternal and infant health care within their respective administra- tive a

reas.

　　Article 30 Medical and health institutions designated by the ad- ministrative departments of public health under the people's governments of the provinces， autonomous regions or municipalities directly under the Central Government shall be responsible for monitoring， and providing technical guidance to， the maternal and infant health care within their respective administrative areas.

　　Article 31 Medical and health institutions shall， in accordance with the provisions of the administrative department of public health under the State Council， take the responsibility for the work of maternal and infant health care within the scope of their functions and duties， establish rules and regulations for medical and health care services， raise medical and technological level， and take measures for the convenience of the people so as to provide better services in maternal and infant health care.

　　Article 32 Medical and health institutions that in accordance with the provisions of this Law carry out pre-marital medical examination， genetic disease diagnosis and pre-natal diagnosis， ligation operations and operations for termination of gestation must meet the requirements and technical standards set by the administrative department of public health under the State Council， and shall obtain the permission of the administra- tive departments of public health under the local people's governments at or above the county level.

　　Sex identification of the fetus by technical means shall be strictly forbidden， except that it is positively necessitated on medical grounds.

　　Article 33 Personnel engaged in making genetic disease diagnosis or prenatal diagnosis as provided by this Law must pass the examination of the administrative department of public health under the people's govern- ment of the province， autonomous region or municipality directly under the Central Government， and obtain a corresponding qualification certificate.

　　Personnel engaged in making pre-marital medical examination， per- forming ligation operations or operations for termination of gestation as provided by this Law and persons engaged in home delivery must pass the examination of the administrative department of public health under the people's government at or above the county level， and obtain a corre- sponding qualification certificate.

　　Article 34 Personnel engaged in the work of maternal and infant health care shall strictly abide by the professional ethics and keep secrets for the parties concerned.

　　Chapter VI Legal Liability

　　Article 35 Where anyone who has not obtained a relevant qualification certificate issued by the State commits any of the following acts， the administrative department of public health under the local people's gov- ernment at or above the county level shall stop such act and give a warning to or impose a fine upon him in light of the circumstances：

　　（l） to engage in pre-marital medical examination， genetic disease diagnosis， pre-natal diagnosis or medical technical appraisement；

　　（2） to perform operations for termination of gestation； or

　　（3） to issue relevant medical certificate as stipulated by this Law.

　　The relevant medical certificate as mentioned in item （3） of the pre- ceding paragraph shall be null and void.

　　Article 36 Where anyone who has not obtained relevant qualification certificate issued by the State performs operations for termination of gestation or terminates gestation by other means， thus causing death， disability， loss or basic loss of working ability， shall be investigated for criminal responsibility according to the provisions of Article 134 and Article 135 of the Criminal Law.

　　Article 37 Where personnel engaged in the work of maternal and infant health care， in violation of the stipulations of this Law， issue fake medical certificates， or undertake sex identification of the fetus， medic

al and health institutions or administrative departments of public health shall in light of the circumstances give them adminstrative sanctions； if the circumstances are serious， they shall be disqualified for practice of their profession according to law.

　　Chapter VII Supplementary Provisions

　　Article 38 The definitions of the following terms as used in this Law are：

　　“Target infectious diseases refer to AIDS， gonorrhea， syphilis， and leprosy specified in the Law of the People's Republic of China on the Prevention and Treatment of Infectious Diseases， as well as other infectious diseases that are medically considered to have adverse effects on marriage and reproduction；

　　“Genetic diseases of a serious nature” refer to diseases that are caused by genetic factors congenitally， that may totally or partially deprive the victim of the ability to live independently， that are highly possible to recur in generations to come， and that are medically considered inappropriate for reproduction；

　　“Relevant mental diseases” refer to schizophrenia， manic-depressive psychosis and other mental diseases of a serious nature； and

　　“Pre-natal diagnosis” refers to diagnosis of the fetus regarding its con- genital defect and hereditary diseases.

　　Article 39 This Law shall become effective as of June 1， 1995

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