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Methods for Administration of Family Planning Technical Services |
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Text:
Article 1.
These Methods are
formulated to strengthen administration of family planning technical
services (FPTS), control the quantity of the population, improve the
quality of the population and safeguard citizens’ right to
reproductive health. Citizens shall enjoy the right to informed choice regarding methods of contraception. The state shall safeguard citizens’ right to obtaining appropriate FPTS. The state shall provide free-of-charge contraceptive and birth-control technical services to rural residents, the expenses of which shall be borne by local government. The central government shall grant subsidies to the underdeveloped regions in the western part of the country. Article 4. The State Council’s administrative department for family planning (State Family Planning Commission, or national family planning authorities) shall be responsible for managing FPTS on a national basis; the Ministry of Public Health and other related departments shall, within their own jurisdiction, support the national family planning authorities in performing its duties managing FPTS. Article 5. The FPTS network shall be composed of FPTS organizations and other medical and health organizations offering FPTS and shall be incorporated into the health planning. The state shall improve the quality of FPTS and encourage the research, development, introduction and promotion of new technologies, drugs and devices in family planning.
Chapter II.
Technical
Services Article
6. FPTS includes family planning technical instructions,
counseling and clinical medical services related to family planning. Article 7.
Article 8. FPTS institutions above the county level may, within their authorize jurisdiction, provide the following clinical medical services related to family planning:
Article 9. Couples who, due to birth of babies with disabilities, request birth of additional children shall apply for a medical certification by the family planning authorities at county level and, subject to their approval, apply for a further medical certification by higher municipal family planning authorities. Those who object to the medical verdict may apply for final appeal to the provincial (autonomous regional or municipal) family planning authorities. Specific rules for implementation shall be made by the national family planning authorities in collaboration with the Ministry of Public Health. Article 10. FPTS and contraceptives/devices provided to citizens shall be safe and effective and comply with quality and technical standards set forth by the state. Article 11. The national family planning authorities shall periodically formulate and publish catalogues for family planning technologies and contraceptives/devices and advise their applications and use. Article 12. Organizations or individuals seeking to conduct international cooperation in the field of family planning shall secure prior approval from the national family planning authorities and place themselves under supervision of local governments’ family planning authorities above county level. Article 13. Advertisements concerning family planning technology shall be approved by the provincial (autonomous regional or municipal) governments’ family planning authorities for content review Article 14. Institutions offering PTS shall, when performing contraceptive, birth control operations, special examinations or special treatment, obtain permission from the patient and shall ensure safety or the patient. Article 15. No organization or individual shall perform fetus gender identification not required by medical needs or selective abortion.
Article 16. FPTS providers include FPTS agencies and medical or health institutions offering FPTS.
Article 17.
Institutions offering
FPTS shall comply with standards set forth by the national family planning
authorities for the establishment of such institutions. Article
18. The
establishment of FPTS organizations shall be approved by local family
planning authorities above the city level and be given a license on
which the items of FPTS as approved shall be specified. Article 19. Medical or health institutions offering FPTS shall obtain approval from local health authorities above the county level which shall specify on their license the approved items of FPTS and brief local family planning authorities. Article 20. Townships where medical institutions are already operational shall not create new FPTS agencies; however, those medical institutions shall contain special sections devoted to FPTS; in townships where both medical and FPTS institutions are in operation, both institutions shall perform their FPTS respectively. Townships where no medical institutions are in service need to set up FPTS institutions in compliance with the provisions of Article 18 of these Methods. Article 21. FPTS institutions providing prenatal diagnosis shall obtain permission from provincial (autonomous regional or municipal) governments’ family planning authorities and approval from public health authorities at the same level and report to the national family planning authorities for registration. FPTS institutions using auxiliary technology to treat infertility shall obtain approval from public health authorities above the provincial level and report to family planning authorities at the same level. Rules for administration of such alternative infertility treatment shall be developed by the State Council public health authorities in collaboration with State Council family planning authorities. Technical standards for alternative infertility treatment shall be set by the State Council public health authorities after soliciting opinions from State Council family planning authorities. Article
22. License
documents for FPTS institutions shall be verified once every three years
by the original approval-granting authorities. Licenses for FPTS shall not be traded, lent, leased, altered or forged. FPTS agencies whose licenses have been lost shall apply within 30 days of loss to the original license-issuing body for a re-issue. Article 23. FPTS
institutions shall conduct their business in compliance with their approved
scope of business and service items and with relevant laws, administrative
regulations and medical technical standards and rescue/referral procedures
set forth by the State Council public health authorities. Article
24. Local
family planning authorities above the country level shall perform regular
inspections of FPTS work within their jurisdictions. Article 25. The state shall institute a mechanism for managing the distribution of contraceptives/devices. Specific rules shall be made by the State Council drug administration authorities and State Council family planning authorities in collaboration with other authorities. Article 26. FPTS personnel who, in compliance with these Methods, perform clinical services related to family planning shall, in compliance with the Law on Licensed Physicians and relevant regulations on practicing nurses, obtain licenses for practicing physicians, assistant physicians, rural physicians or nurses and practice in institutions set up in compliance with these Methods. Physicians and assistant physicians practicing in FPTS institutions shall, in compliance with provisions of the Law on Licensed Physicians, apply for registration to local public health authorities above the county level. Specific implementation rules shall be made by State Council family planning authorities and public health authorities. Private medical entities shall not perform contraceptive or birth control operations. Article 27. FPTS personnel shall perform their duties in compliance with the approved scope of business, items of services and kinds of operation. In addition, they shall observe all laws, regulations, rules, technical standards, codes of conduct and management rules related to their profession.
Chapter
IV. Supervision
and Administration Article
28. The
State Council family planning authorities shall be responsible for supervising
and administering FPTS work nationwide. Local family planning authorities
above the county level shall be responsible for supervising and administering
FPTS work in their respective jurisdictions. Public
health authorities above the county level shall, in accordance with
these Methods, be responsible for supervising and administering medical
and health organizations offering FPTS in their jurisdictions. Article 29.
The State shall establish a statistical
system for FPTS and evaluation and reporting system for operational
accidents, complications and side effects. Methods for determining
and administering operational complications shall be developed by State
Council family planning authorities in collaboration with State Council
public health authorities. FPTS institutions which have operational accidents occurring at their premises, discovered complications arising from operations or side effects from use of contraceptives/devices shall report, within the timeframe prescribed by State Council family planning authorities, to both the family planning and public health authorities of the local government; for major accidents, serious complications and serious or newly recorded side effects in connection with an operation or use of contraceptives/devices, the institution shall report simultaneously to superior departments in charge of family planning and public health, all the way to the State Council level. Article 30. State Council family planning authorities, in collaboration with State Council public health authorities, shall analyze accidents, complications and side effects that have been reported to them and let their findings known to relevant departments. State Council family planning authorities shall, in accordance with relevant regulations, publish those major accidents, serious complications or side effects in a timely manner. They may also authorize provincial (autonomous regional or municipal) governments’ family planning authorities to publish accidents, complications and side effects occurring in their jurisdictions in a timely fashion.
Article 31. Institutions or individuals outside FPTS agencies or medical and health institutions offering FPTS that, in violation of these Methods without approval, engage in FPTS without prior approval, shall be reprimanded and given a warning by family planning authorities above the county level; their illegal income and drugs and equipment shall be confiscated. Those with an illegal income of more than 5,000 RMB shall be penalized with a fine of between 2-5 times of their illegal income; those without illegal income r whose illegal income is less than 5,000 RMB shall be penalized with a fine of between 5,000-20,000 RMB; those that have caused serious consequences that constitute criminal acts shall be prosecuted with criminal charges.
Article 32.
FPTS institutions
that, in violation of these Methods, engage without prior approval in
prenatal diagnosis and use alternative techniques to treat infertility
shall be reprimanded and be given a warning by public health and family
planning authorities above the county level; their illegal income and
drugs and equipment shall be confiscated. Those with an illegal income
of more than 5,000 RMB shall be penalized with a fine equivalent to 2-5
times their illegal income; those without illegal income or whose illegal
income is less than 5,000 RMB shall be penalized with a fine between 5,000-20,000
RMB. Those who may have caused serious consequences shall be penalized
with a revocation of their FPTS license. Article
33. Those
who, in violation of these Methods, fail to submit their FPTS license
for verification and continue to conduct FPTS shall be given an injunction
by the original license-issuing organization to obtain a re-issue within
a specified period of time. Those who refuse to submit their license
for verification shall be penalized with a revocation of their FPTS
license. Article
34. Those
who, in violation of these Methods, trade, lend, lease, alter or forge
their FPTS license shall be reprimanded by the original license-issuing
organization. Their illegal income shall be confiscated; those whose
illegal income is over 3,000 RMB shall be penalized with a fine equivalent
to 2-5 times their illegal income; those without illegal income or whose
income is less than 3,000 RMB shall be penalized with a fine between
3,000-5,000. Those who have caused serious consequences shall be penalized
with a revocation of their license by their original license-issuing
body. Article 35. Institutions offering FPTS which, in violation of Articles 3 of Chapter 1, expand the purposes of FPTS by providing contraceptive and birth control services and charge fees thereof to rural residents, shall be reprimanded and ordered to return all the fees they have collected and be given a warning. Furthermore, they shall be penalized with a fine between 2-5 times the amount they charge. Those that have been found to have caused serious consequences shall be penalized with the demotion or dismissal of their chief executives and other managers who are deemed directly responsible for the blunders.
Article 36. FPTS institutions that, in violation of these Methods, expand the scope of their FPTS business without prior approval, shall be reprimanded and given a warning. Their illegal income shall be confiscated. Those whose illegal income is in excess of 5,000 RMB shall be given a fine equivalent to 2-5 times their illegal income. Those without illegal income or whose illegal income is less than 5,000 RMB shall be given a fine between 5,000-20,000 RMB. Those who have caused serious consequences shall be penalized with a revocation of their FPTS license by their original license-issuing body.
Article 37. FPTS agencies which, in violation of these Methods, employ unlicensed personnel to engage in FPTS clinical services shall be reprimanded by public health authorities above the county level; their illegal income shall be confiscated. Those whose illegal income is in excess of 3,000 RMB shall be penalized with a fine equivalent to 1-3 times their illegal income; those with no illegal income or whose illegal income is less than 3,000 RMB shall be penalized with a fine between 3,000-5,000 RMB; those who have caused serious consequences shall be penalized with a revocation of their FPTS license by their original license-issuing body.
Article 38. FPTS agencies that produce fake certificate documents and constitute criminals shall be penalized with prosecuted with criminal charges; those who have not yet constituted criminals shall be reprimanded and be given a warning by the original certificate-issuing body. Those who have caused serious consequences shall be penalized with a revocation of their FPTS license by the original license-issuing organization.
Article 39. Family planning authorities and public health authorities which, in violation of relevant regulations, permit unqualified FPTS institutions or medical/health institutions to conduct clinical medical services in relation to family planning or those which fail to exercise their supervisory roles, or those whose illegal acts are not dealt with, thereby leading to the occurrence of major FPTS accidents, shall be penalized with a demotion or even dismissal of the chief executive, managers directly involved and others who are directly responsible. Those whose acts constitute crimes shall be prosecuted with criminal charges.
Article 40. FPTS institutions that have already been in practice before the implementation of these Methods shall formulate policies toward their employees. Professionals who have been employed to provide FPTS shall, in accordance with the provisions of these Methods, process the application, registration, approval and certification documents within three months of the implementation of these Methods. Article
41. Individuals
who provide FPTS in rural FPTS agencies or rural medical/public health
institutions may, subject to conformance with these Methods, obtain
a license to practice FPTS. Those who fail to meet the conditions of
these Methods shall proceed in accordance with relevant regulations
of the State Council.
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