To identify the gender of a fetus without medical needs and choose to abort a pregnancy on the gender rules

The national health and family planning commission of the People's Republic of China

The 2016-04-19

The 9th national health and family planning commission

The ban to identify the gender of a fetus without medical needs and the regulation of sex selection artificial termination \"has committee, director of the national health and family planning committee meeting to discuss, and approved by the state administration for industry and commerce, the state food and drug supervision and administration bureau agreed, are hereby released, shall take effect on May 1, 2016.

National health and family planning commission director Li bin

Director of the state administration for industry and commerce Zhang MAO

The director of the state administration of food and drug supervision and administration jingquan

On March 28, 2016

Prohibit to identify the gender of a fetus without medical needs

And choose to abort a pregnancy on the gender

Article 1 in order to implement the basic state policy of family planning, promote the balance of birth population sex structure, promote the balanced development of population, according to the law of the People's Republic of China on population and family planning law \", the maternal and infant health care law of the People's Republic of China \"and other laws and regulations, these provisions are formulated.

Article 2: identify the gender of a fetus without medical needs and choose to abort a pregnancy on the gender, mean the medical diagnosis of fetal sex partner genetic disorders such as fetal sex determination and sex selection is required artificial termination of pregnancy, fetal sex determination and sex selection by artificial termination of pregnancy.

Article 3 all units and individuals are prohibited to identify the gender of a fetus without medical needs and choose to abort a pregnancy on the gender.

It is forbidden for any unit or individual is introduced, pregnant women organizations to identify the gender of a fetus without medical needs and choose to abort a pregnancy on the gender.

Article 4 the family planning administrative department of public health and food and drug supervision departments at all levels should establish and identify the gender of a fetus without medical needs and selection of illegal to abort a pregnancy on the gender coordination mechanism and the mechanism of law enforcement, jointly responsible for the supervision and management.

The family planning administrative department of public health and food and drug supervision department shall, in accordance with their respective duties, for termination of gestation and fetus gender identification, artificial relevant management systems for drugs and medical devices.

Article 5 the family planning administrative department of health at or above the county level shall perform the following duties:

(a) organization, coordination and monitoring to identify the gender of a fetus without medical needs and choose to abort a pregnancy on the gender and work;

(2) is responsible for medical and health institutions and their employees access to the practice of medical devices and related use regulation, as well as relevant laws and regulations, norms of propaganda and training, etc;

(3) is responsible for the use of population information management system management, to guide the medical and health institutions collect timely and accurate birth, death and other related information;

(4) laws, regulations, rules and regulations related to identify the gender of a fetus without medical needs and choose to abort a pregnancy on the gender of other matters.

Article 6 the administrative department for industry and commerce at or above the county level (including the industrial and commercial administrative duties of market supervision and regulation department, hereinafter the same) to contain a fetus gender identification and artificial content of advertising regulation, termination of pregnancy and to investigate and punish the illegal ACTS in accordance with the law.

Article 7 the departments of food and drug supervision, in accordance with the law and the fetus gender identification and artificial related drugs and termination of pregnancy ultrasound diagnostic instrument, chromosome detection of special equipment such as medical equipment production, sale and use of link quality regulation, and illegal related to act in accordance with the law.

Article 8 bar to identify the gender of a fetus without medical needs and choose to abort a pregnancy based on the gender of work shall be incorporated in the planning target management responsibility system.

Article 9 conform to the legal condition, fertility in addition to the following conditions, sex selection artificial termination shall be not implemented:

(a) the fetus of serious genetic disease;

(2) of the fetus have serious defect;

(3) for patients with severe disease, continue to gestation may jeopardize the safety of life or serious harm pregnant women pregnant women health;

(4) the laws and regulations or other circumstances deems it necessary to terminate a pregnancy on medicine.

Article 10 medical need to identify the gender of a fetus, the family planning administrative department of public health shall be determined by various provinces, autonomous regions and municipalities directly under the central government in accordance with the relevant provisions of the state of medical and health institutions approved to establish in the implementation.

Implement medical need to identify the gender of a fetus, the medical and health institutions shall more than three have clinical experience, medical genetic knowledge, and have at least associate chief physician of the collective expertise of professional and technical titles of audit. After diagnosis, is really necessary, the artificial termination shall issue a certificate of medical diagnosis report, and by the medical and health agencies about the local health administrative departments of family planning.

Article 11 the medical and health institutions shall set up in the workplace ban to identify the gender of a fetus without medical needs and highly visible symbols of sex selection of artificial termination; Medical personnel should strictly abide by the relevant laws and regulations and ultrasonic diagnosis, chromosome detection and artificial operation management system related to termination of pregnancy.

Article 12 the implementation of artificial termination of pregnancy surgery institution shall register, check the subject identification information before the surgery, and in a timely manner to inform the local implementation of the operation at the county level health administrative departments of family planning.

Article 13 medical institutions of neonatal death occurs, it shall timely issue a death certificate, and report to the local family planning administrative department of public health.

Neonatal death in the other place in medical and health institutions, and guardians shall promptly to the local township (town) people government, street agency family planning work of health organization report; Township (town) people government, street agency institution shall check the health to family planning work, and to the towns and townships or community health service centers on relevant information.

Article 14 of the termination of pregnancy drugs directory by the food and drug regulatory department under the state council in conjunction with the family planning administrative department of public health under the state council.

Pharmaceutical production, wholesale enterprise can only to terminate pregnancy drugs to pharmaceutical wholesale enterprises or allowed to terminate pregnancy surgery medical and health institutions. Pharmaceutical production, wholesale enterprise selling drugs, termination of pregnancy should be in accordance with the relevant provisions of the drug traceability, strict inspection, buyer qualification and make sales records. No termination of pregnancy drugs sale pharmaceutical retail enterprises.

Termination of pregnancy drugs are allowed only on accounts that are allowed to terminate pregnancy surgery doctor guidance and supervision by the medical and health institutions.

Approved to abort a pregnancy surgery medical and health institutions shall establish a true and complete drug purchasing records, termination of pregnancy and for termination of gestation drug users to establish a complete file.

Article 15 medical equipment sales company sales ultrasonic diagnostic instrument, chromosome detection of special equipment such as medical apparatus and instruments, should check the qualification of the buyer, certification bodies and keep copies of qualifications, establish a real and perfect records of purchasing and; Ultrasonic diagnostic instrument, chromosome testing may not be special equipment and other medical equipment sales organizations and individuals to not have appropriate qualification.

Article 16 medical and health care, teaching, scientific research institutions to purchase can be used to identify the sex of a fetus by ultrasound diagnostic instrument, chromosome detection of special equipment such as medical apparatus and instruments, shall provide the certificate original and photocopy, verification and registration/sales enterprises, and establish the system of stock inspection records.

Article 17 the illegal release to identify the gender of a fetus without medical needs or choose to abort a pregnancy on the gender ads without medical needs, the administrative department for industry and commerce in accordance with the advertisement law of the People's Republic of China \"and other relevant laws and regulations.

Involved in advertising to identify the gender of a fetus without medical needs or non-medical needs choose to abort a pregnancy on the gender and other professional technical content, the administrative department for industry and commerce to the family planning administrative department of public health at the same level shall be determined according to need.

Article 18 in violation of regulations to use relevant technology for others to commit to identify the gender of a fetus without medical needs or choose to abort a pregnancy on the gender, the family planning administrative department of health at or above the county level shall according to the law of the People's Republic of China on population and family planning law \"and other relevant laws and regulations for processing; Of the major persons-in-charge of the medical and health institutions, directly responsible person in charge and persons directly responsible, given sanctions in accordance with the law.

Article 19 to has not obtained the technology licensing of maternal and infant health care medical institutions or personnel engaged in termination of pregnancy surgery without authorization, personnel engaged in maternal and infant health care services to issue false medical need to abort a pregnancy related medical diagnostic opinion or prove, the family planning administrative department of health at or above the county level shall in accordance with the law of the People's Republic of China on maternal and infant health care law \"and the relevant provisions of the measures for its implementation; Of the major persons-in-charge of the medical and health institutions, directly responsible person in charge and persons directly responsible, given sanctions in accordance with the law.

Article 20 approved the implementation of artificial operation mechanism has not been established real complete termination of pregnancy termination drug purchasing records, or not in accordance with the relevant provisions for drug users to establish a complete file of termination of pregnancy, the family planning administrative department of health at or above the county level shall order correction; Refuses to correct, given a warning, and may be fined between 10000 yuan and 30000 yuan; Of the major persons-in-charge of the medical and health institutions, directly responsible person in charge and persons directly responsible for processing in accordance with the law.

Article 21 pharmaceutical producing enterprises, wholesale enterprises will implement drug sales to unauthorized termination of pregnancy artificial medical and health institutions and individuals, termination of pregnancy termination of gestation drugs did not check the purchase or sale of the medicine qualification certificate, not as a sales record in accordance with the relevant provisions, and pharmaceutical retail enterprise selling drugs, termination of pregnancy by the food and drug supervision department at or above the county level shall, in accordance with the pharmaceutical administration law of the People's Republic of China regulations for processing.

Article 22 the medical device production enterprise will ultrasonic diagnostic instrument, chromosome detection of special equipment and other medical equipment sales buy no qualification of the institutions or individuals, the food and drug supervision department at or above the county level shall order correction, a fine of not more than 10000 yuan and 30000 yuan.

Article 23 the introduction, pregnant women organizations to identify the gender of a fetus without medical needs or choose to abort a pregnancy on the gender, the family planning administrative department of health at or above the county level shall order correction, given a warning; If the circumstances are serious, confiscate the illegal income, and be fined between RMB 5000 yuan and 5000 yuan.

Article 24 the encourage any units and individuals to report violation of these provisions. Report is verified, and the content should be to person according to the relevant provisions of the corresponding reward.

Article 25 the provisions shall enter into force as of May 1 2016. On November 29, 2002, the original state family planning commission, the ministry of health, the original released by the national drug regulatory authority on the ban to identify the gender of a fetus without medical needs and selectivity of other artificial termination rules shall be repealed simultaneously.

General office of national health and family planning commission

On April 12, 2016