Shenzhen Government Online
Regulations of Shenzhen Special Economic Zone on Health
From: Justice Bureau of Shenzhen Municipality
Updated: 2022-09-13 15:09

(Adopted at the Fourty-fifth Session of the Standing Committee of the SixthShenzhen Municipal People's Congress on October 29, 2020)


Chapter One General Provisions

Article 1 For the purpose of implementing the Healthy China Strategy, promote the construction of a healthy Shenzhen, and improve the health level of residents, these Regulations are formulated in accordance with the basic principles of relevant laws and administrative regulations, and in light of the actual circumstances of Shenzhen Special Economic Zone.

Article 2 The term "Health" mentioned in these Regulations includes physical health, mental health and good social adaptability.

Article 3 The construction of a healthy Shenzhen shall follow the people-centered development philosophy, give top priority to improving people's health, and integrate health into all policies; adhere to the participation, joint construction and sharing of the whole people, establish and improve the health system for the whole people, and guide residents to live an independent, self-discipline and healthy life; adhere to the principle of put prevention first in combination with control, optimize health services, perfect health security, build a healthy environment, develop the health industry, and improve the health level of residents throughout their life cycles.

Article 4 The municipal and district people's governments shall incorporate the construction of a healthy Shenzhen as the basic work of urban construction and management into the national economic and social development plan, strengthen the leadership, guarantee, management and supervision of the construction of a healthy Shenzhen, and promote the coordinated development of the construction of a healthy Shenzhen and economy and society.

Article 5 The Municipal People's Government shall establish the Healthy Shenzhen Action Promotion Committee, which shall be responsible for coordinating and promoting the construction of a healthy Shenzhen, analyze and make arrangements for the related major issues and key tasks, and supervise, inspect and evaluate the construction of a healthy Shenzhen. The routine work of the Healthy Shenzhen Action Promotion Committee shall be carried out by the municipal health department.

The district people's governments shall, in accordance with the preceding paragraph, establish the Healthy District Action Promotion Committee, which shall be responsible for promoting the construction of a healthy district. The subdistrict offices shall establish the Healthy Community Action Promotion Committee, and the community primary-level organization shall establish the Healthy Community Work Group, which shall be responsible for organizing and implementing the construction of healthy communities.

Article 6 The municipal and district health departments shall be responsible for the overall implementation of the work related to the construction of a healthy Shenzhen according to their duties within their respective administrative areas.

Relevant departments of the municipal and district people's governments and mass organizations shall guarantee, promote and carry out the construction of a healthy Shenzhen within the scope of their respective duties.

Article 7 The whole society shall jointly care for and support the development of health undertakings to promote the construction of a healthy Shenzhen. All social forces shall be encouraged to participate in the health undertaking or to provide assistance and support for developing the health undertaking through investments, donations, and so forth.

Article 8 The Municipal People's Government shall strengthen exchange and cooperation with other countries, Hong Kong, Macao, and other cities in Guangdong-Hong Kong-Macao Greater Bay Area (GBA) in the field of health to promote the integrated development of health undertakings and industries in GBA.

Article 9 The municipal and district people's governments shall commend and reward institutions and individuals that have made outstanding contributions to the construction of a healthy Shenzhen in accordance with the relevant provisions of the State and Guangdong Province.

Health and relevant departments shall commend and reward institutions and individuals that have made contributions to the construction of a healthy Shenzhen in accordance with the relevant provisions.

Article 10 Every August shall be designated as Shenzhen Health Activity Month.

During the Health Activity Month, the Healthy Shenzhen Action Promotion Committee shall be responsible for organizing, guiding and coordinating the following activities:

(1) Publishing the statistical investigation data and reports on the healthy city;

(2) Releasing the white paper on residents' health;

(3) Carrying out health public welfare publicity, academic exchanges, display of results, etc.;

(4) Launching the open experience campaigns of health public service facilities;

(5) Other activities to promote the construction of a healthy Shenzhen.


Chapter Two Healthy City

Section One Health Planning

Article 11 The Municipal People's Government shall, in adherence to the principles of health first, reform & innovation, scientific development, and fairness & justice, formulate a medium- and long-term plan for construction of a healthy city after being approved by the Standing Committee of the People's Congress of Municipality, and regularly announce to the public the implementation thereof.

Article 12 The Municipal People's Government shall take health as an important factor in the municipality's territorial spatial plan, ensure land for health public service facilities, improve the planning layout and standards for health public service facilities, and promote the coordinated development of urban construction and people's health.

The municipal planning and natural resources department shall, in conjunction with the departments of health, civil affairs, culture, radio, television, tourism and sports, etc. scientifically lay out and reasonably arrange the construction land for health public service facilities, construct and allocate health public service facilities including but not limited to medical and health institutions, elderly service institutions and sports and fitness sites in accordance with the relevant standards and norms of urban planning, and adjust the relevant standards and norms for urban planning as well as setup planning and standards for health public service facilities according to the requirements for the construction of a healthy Shenzhen.

Article 13 The municipal and district people's governments shall establish and improve the health public service system that is compatible with the municipality's functional positioning, economic and social development level and people's health needs to guarantee the residents' basic needs of health services.

Article 14 Relevant departments responsible for development & reform, health, education, science, technology & innovation, industry & information technology, civil affairs, planning & natural resources, ecological environment, housing & construction, commerce, culture, radio, television, tourism and sports, market regulation, medical security, etc. shall align special plans with the medium and long-term plan for the construction of a healthy city when formulating such plans, for the purpose of meeting the requirements for the construction of a healthy Shenzhen.

Section Two Health Environment

Article 15 The municipal and district people's governments and their relevant departments shall adhere to the green development philosophy, improve the system of ecological and environmental protection with improving the quality of living environment at the core, and carry out the prevention and control of air, water, soil, solid waste, environmental noise, radioactive and other pollution according to law, so as to promote the coordinated development of economy, society, living environment and natural environment.

The ecology and environment department shall, in conjunction with the health department, establish and improve the environmental and health risk assessment system, carry out the investigation, monitoring, risk assessment and early warning of environmental and health issues, evaluate the impact of environmental pollution on disease control, human health and other aspects, and delineate environmental health risk areas and item categories, so as to prevent and control environment-related health risk factors from the sources.

Environmental and health risk assessment information shall be disclosed to the public in accordance with relevant regulations.

Article 16 The municipal and district people's governments and their relevant departments shall establish and improve the health building guidance and incentive mechanism to promote the development of healthy buildings.

The municipal housing and construction department shall formulate the plan for developing healthy buildings and relevant technical specifications and evaluation standards, clarify the requirements for grades and proportions of healthy buildings, and set forth them in the bidding, auction or listing transfer announcement or land allocation agreement of the right to use state-owned construction land.

Technologies and standards for healthy buildings shall be encouraged to be researched, developed, demonstrated, promoted and publicized, and construction entities shall be encouraged to use building design and materials that are good for people's health.

Article 17 The municipal and district people's governments and their relevant departments shall regard the patriotic health work as a key part of community-level governance, organically combine it with the construction of a healthy city, continuously carry out the environmental health and clean campaign, and strengthen prevention and control of disease vectors, so as to improve the quality of living environment.

The municipal and district patriotic health work departments shall improve the responsibility system for patriotic health work target management. Subdistrict offices and community primary-level organizations shall organize the patriotic health work in accordance with relevant provisions.

Entities and individuals shall participate in and support the patriotic health work in accordance with relevant provisions.

Article 18 The municipal and district people's governments and their relevant departments shall continue to improve the food safety supervision and administration system, perform their primary food safety responsibility and territorial administration responsibility, strengthen the construction of food bases serving Shenzhen, and expand food safety inspection items, so as to ensure food safety.

The municipal market regulation department shall improve local food safety standards and the food safety credit rating system, organize and formulate the standards for food supplies to Shenzhen to satisfy residents' food needs, establish and improve the review registration, illegal act reporting and investigation and punishment systems for food producers and traders, and improve food safety monitoring and early warning, emergency response, and other systems.

The municipal health department shall, in conjunction with relevant departments, establish and improve the food safety risk monitoring and assessment system, and improve the early warning ability of food safety risks.

Article 19 The municipal and district people's governments and their relevant departments shall improve the responsibility system for drug and medical device safety according to law, strengthen supervision, and protect the use safety of drugs and medical devices.

The municipal market regulation department shall improve the traceability, inspection, testing, and adverse reaction monitoring and evaluation systems for drugs and medical devices, and strengthen the supervision over drugs and medical devices throughout the whole cycle from research and development to production and use.

The municipal health department shall improve the vaccine cold chain management systems of medical and health institutions, strengthen the supervision and administration over vaccination, and ensure the safety and quality of vaccination.

Article 20 The municipal and district people's governments shall establish and improve the injury prevention and intervention mechanism to integrate injury prevention into the fields of urban construction and governance including but not limited to urban planning, production safety, traffic safety, and management of public places.

The municipal health department shall, in conjunction with relevant departments, organize the formulation of technical guidelines for injury prevention and intervention in key factors, key groups and key areas, improve the injury monitoring system, and regularly announce the monitoring results to the public.

Article 21 Relevant departments shall improve the measures for preventing injuries including drowning of primary and secondary school students, elderly falling, high-altitude fall, traffic accidents, poisoning, and sexual assault during construction of public facilities, safety management of recreational places, community management, etc.

Section Three Health Community

Article 22 Subdistrict offices and community primary-level organizations shall mobilize and organize entities and residents in their respective administrative areas to participate in campaigns with respect to health promotion, health management, patriotic health, sports and fitness, response to public health emergencies, etc., so as to jointly build healthy communities.

Healthy community demonstration standards shall be formulated by the Healthy Shenzhen Action Promotion Committee.

The health departments and medical and health institutions in their respective administrative areas shall provide specialized technical support in terms of health promotion, disease prevention and health management for the construction of healthy communities in accordance with provisions or agreements.

Article 23 Owners' Committees and property management service enterprises shall actively carry out the health management of the property communities, and perform the following duties:

(1) Carrying out environmental sanitation management, acquiring facilities and equipment for disease vector prevention and control, and cleaning up disease vector breeding sites;

(2) Assisting in health service surveys and registration of residents' health-related information;

(3) Conducting the management of personnel and vehicles at community entrances and assisting relevant entities in health management of residents, quarantine and medical observation and other work in accordance with relevant provisions during the emergency response to infectious diseases;

(4) Cooperating with subdistricts and communities to carry out the construction of healthy communities;

(5) Other health work-related duties stipulated by laws and regulations.

Article 24 Employers shall strengthen health management and perform the following duties:

(1) Establishing and improving employee health management systems and perfecting the organizational structure for health management;

(2) Organizing health promotion activities, advocating healthy lifestyles, and communicating health concepts;

(3) Organizing regular health check-ups for employees;

(4) Preventing and controlling public health emergencies of the unit;

(5) Assisting in health service surveys and registration of employees' health-related information;

(6) Cooperating with subdistricts and communities to carry out the construction of healthy communities;

(7) Other health work-related duties stipulated by laws and regulations.

Employers shall be encouraged to be equipped with equipment and devices for health monitoring and handling of medical emergencies, including but not limited to body temperature detectors and automated external defibrillators.

Article 25 The operation and management entities of public places shall strengthen health management in public places and perform the following duties:

(1) Establishing and improving management systems on employee health, and employee shall obtain a valid health certificate before starting work and participate in the training and assessment of relevant health laws and regulations and knowledge about health in public places;

(2) Conducting regular washing, disinfection and cleaning in public places, ensuring that air, microclimate, water quality, natural light, lighting, noise level and utensils for customers in public places comply with national health standards, and announcing the health testing results at a conspicuous position;

(3) Formulating a emergency plan for public health emergencies in public places, inspecting on a periodical basis the implementation of all health systems and measures in public places, and eliminating hidden public health hazards in a timely manner;

(4) Cooperating with subdistricts and communities to carry out the construction of healthy communities;

(5) Other health work-related duties stipulated by laws and regulations.

The operation and management entities of public places and other places with a high density of people shall be encouraged to provide convenient supply facilities for masks and other health products.

Article 26 All types of schools at all levels shall strengthen health management in schools and perform the following duties:

(1) Establishing and improving health management systems to promote the construction of healthy schools;

(2) Providing desks and chairs and using multimedia teaching equipment in accordance with relevant norms to create a teaching environment conducive to students' health;

(3) Formulating a emergency plan for public health emergencies in schools to prevent and control common and infectious diseases in students;

(4) Cooperating with subdistricts and communities to carry out the construction of healthy communities;

(5) Other health work-related duties stipulated by laws and regulations.

Primary and secondary schools shall implement the system of physical activities during a long break between classes and eye exercises, and arrange a break of not less than one hour every day for physical activities to make sure that each student learns two or more sports skills.

Article 27 Individual residents and families shall participate in the following work for the construction of healthy communities in accordance with relevant provisions:

(1) Cooperating with the establishment of electronic health records of residents;

(2) Participating in community health promotion activities;

(3) Maintaining a healthy environment and public health safety;

(4) Cooperating in the response to public health emergencies.

Section Four Health Assessment

Article 28 A health impact assessment system shall be established. A health impact assessment shall be carried out on the following matters, and such matters shall not be released or approved for implementation without an assessment or with a serious adverse impact on public health safety or human health as shown by the assessment:

(1) Formulating plans for territorial space, resource development and utilization, ecological and environmental protection, biopharmaceutical industry development, etc.;

(2) Formulating regulatory documents related to public health;

(3) Constructing projects in environmental health risk areas or projects of categories classified in accordance with the provisions of Paragraph 2 of Article 15 hereof.

A health impact assessment shall include the impact of matters specified in the preceding paragraph on public health safety, human health, biosafety, medical ethics, etc. The specific measures for the health impact assessment shall be formulated by the Municipal People's Government.

Article 29 The municipal and district people's governments shall establish a health impact assessment expert committee to provide technical guidance and consulting services for the health impact assessment. The health impact assessment expert committee shall be composed of experts in such fields as urban planning and construction, healthcare, life sciences, ecology and environment, industrial development, and news and communication.

Social organizations and relevant professional institutions shall be encouraged to participate in the health impact assessment to provide health impact assessment services.

Article 30 The Healthy Shenzhen Action Promotion Committee shall be responsible for establishing a healthy city evaluation system, entrusting specialized institutions with monitoring and evaluation of the main indicators and key tasks of healthy city construction each year, and using the evaluation reports as a key basis for developing health policies and plans, adjusting government health investment, and optimizing the layout of health resources.

Article 31 The municipal health department shall, in conjunction with relevant departments, establish a healthy city statistical survey system, under which an annual statistical survey shall be organized on health promotion, health services, health environment, health security, and health industry as well as health status and health literacy of residents.

The healthy city statistical survey data and report shall be used as an important basis for the health impact assessment and healthy city evaluation.


Chapter Three Health Promotion

Section One Health Education

Article 32 The municipal and district people's governments shall take health education as the basic work in the construction of a healthy Shenzhen, establish and improve the health education system, popularize health-related knowledge and skills, guide residents to build scientific health concepts, practice a healthy lifestyle, and improve health literacy.

The health department shall formulate and organize the implementation of health education programs and plans, establish expert database and resource pool for health-related knowledge popularization, and popularize health-related knowledge and skills to the public in multiple forms including but not limited to health public service platforms and public service hotlines.

Article 33 Health education shall include the following:

(1) Health concepts and healthy lifestyles;

(2) Knowledge about disease prevention, injury prevention and response to public health emergencies;

(3) Health management knowledge;

(4) Knowledge related to scientific diagnosis and treatment and rational use of drugs;

(5) Knowledge and skills about first aid and rehabilitation;

(6) Knowledge related to psychological health, nutritional health, and exercise health;

(7) Knowledge and skills related to social adaptation;

(8) Knowledge about ecological environment and health literacy;

(9) Other health-related knowledge and skills that need to be promoted and popularized.

Article 34 Medical and health institutions shall organize the health education work in accordance with relevant provisions. Medical and health personnel shall educate patients on health issues, provide health guidance during the provision of diagnosis and treatment services, give them appropriate explanations on illness causes and conditions, pathogenesis, treatment methods, rational use of drugs, and preventive health.

Medical and health institutions shall be encouraged to develop and apply health education prescriptions; medical and health personnel shall be encouraged to participate in health science popularization activities.

Article 35 The education department shall improve the health education system of primary and secondary schools and preschool educational institutions, incorporate health education into teaching content, and include the level of health literacy including but not limited to prevention of common and infectious diseases, healthy lifestyle, and injury prevention ability into the comprehensive assessment of junior high school students.

The municipal education department shall, in conjunction with the municipal health department, formulate a health education syllabus for primary and secondary schools and preschool educational institutions, and organize the preparation of health education materials in accordance with the national guidance outline for health education.

Primary and secondary schools and preschool educational institutions shall strengthen health education and teaching, and offer health education courses according to the health education syllabus. The health education course shall be not less than six class hours each semester.

Article 36 Schools, preschool educational institutions and infant and child care service institutions shall provide the training in injury prevention skills, strengthen safety education on prevention of falls, electric shocks, scalds, cuts, foreign body swallow, etc., enhance the self-protection awareness of students and children, and focus on the cultivation of social adaptation abilities including but not limited to personal self-care, social interaction, and ethical constraints.

The education and health departments shall include parental health education in the family education system and the system of guidance on scientific nursing, guide primary and secondary schools, preschool educational institutions and infant and child care service institutions to play the role of parents, and jointly carry out health education for students and children.

Article 37 The municipal health department shall, in conjunction with the publicity department, formulate an annual plan for public-interest health-related advertising, and the publicity department shall assist in organizing relevant media agencies and communication media for the release of such advertisements.

Article 38 Relevant entities and individuals shall indicate the author, the reviewer and the date of publication when publishing a health science article or a piece of work.

Health-related information including disease prevention, medical treatment, psychological health, rational drug use, and response to public health emergencies released by media including but not limited to radio, television, newspapers, and the Internet shall be scientific, real, authentic as verified, and from sources identified.

Article 39 The departments of publicity, health, culture, radio, television, tourism and sports, etc. shall establish a collaborative mechanism to guide and monitor the release of health-related information by the media; make prompt clarifications for false or incomplete health-related information found to affect or potentially affect the public health.

Section Two Healthy Life

Article 40 Residents, as the primary responsible persons for their own health, shall perform their health management responsibility, establish health concepts and mindset, actively learn health-related knowledge and skill, improve health literacy, practice healthy lifestyles, and develop sound habits.

Article 41 Incentive mechanisms including but not limited to the health bonus point system shall be established to give points to residents who participate in health promotion, sports and fitness, health management and healthy community construction. The specific measures shall be formulated separately by the municipal health department in conjunction with relevant departments.

Medical and health institutions, enterprises, public institutions, and social organizations shall be encouraged to provide bonus point redemption service.

Article 42 The municipal health department shall organize the regular monitoring of residents' nutritional status, and release dietary guidelines for different groups according to the monitoring results. The monitoring results shall be disclosed to the public.

Catering service providers and dining halls for a large number of people shall be encouraged to indicate food calorie, main nutrient content, etc., and provide serving chopsticks and spoons easy to distinguish.

Relevant societies, associations, chambers of commerce, etc. shall be encouraged to formulate group meal standards for healthy dining halls and canteens, and promote the construction of demonstration healthy catering service providers.

Article 43 The market regulation department shall strengthen the supervision and administration over nutrition labels on prepackaged food. The health department shall strengthen the publicity and dissemination of knowledge for recognizing food nutrition labels.

Food producers shall be encouraged to produce low-salt, low-oil, low-sugar, and sugar-free food, and put relevant prominent labels on the food packaging.

Article 44 The whole society shall be encouraged to participate in the healthy diet campaign that features the reduction of salt, edible oil and sugar, and promote the use of healthy limited-quantity salt spoons, limited oil pots, etc., so as to advance the scientific and healthy diet among residents.

The market regulation department shall incorporate the knowledge about reduction of salt, edible oil and sugar and recognition of nutrition labels on pre-packaged food into the training in employees engaged in food production and operation.

Stores and supermarkets shall be encouraged to set up special counters for low-salt, low-fat, and low-sugar food. Catering service providers and dining halls for a large number of people shall be encouraged to produce and provide low-salt, low-oil, and low-sugar dishes.

Article 45 The municipal health department shall, in conjunction with the departments of market regulation, education, etc. formulate nutritional meal standards for students and children.

Distribution entities of student meal as well as canteens in primary and secondary schools, preschool educational institutions, and child care service institutions shall have nutritionists as per the provisions, and supply food that meets the nutritional meal standards for students and children.

Article 46 The municipal and district people's governments and their relevant departments shall carry out monitoring of control over smoking and harmful use of alcohol in accordance with the law to reduce the harm caused by tobacco smoke and to prevent and control excessive alcohol consumption.

Alcoholic drinks shall be prohibited from sales in the following places or areas:

(1) Medical and health institutions;

(2) Social welfare institutions specially serving the minors;

(3) Places that provide education, teaching, and activities primarily for minors.

Alcoholic drinks shall be prohibited from sales through vending equipment.

Alcoholic drinks shall be prohibited from sales to minors. Where it is difficult to tell whether a person is an adult, the person shall be required to show his/her identity certificate, otherwise alcoholic drinks shall not be sold to him/her.

Article 47 Sellers of alcoholic drinks and carbonated drinks shall place standard health risk warning signs on the shelves or counters.

The production standards and placement specifications for health risk warning signs of alcoholic drinks and carbonated drinks shall be formulated by the municipal health department, and disclosed to the public.

Article 48 The municipal and district people's governments and their relevant departments shall formulate and organize the implementation of the national fitness program to encourage national fitness sports, leisure and other activities.

The municipal and district people's governments shall construct public places and facilities for national fitness in accordance with relevant plans, and open public sports facilities free of charge or at low costs to the public.

Entities, where conditions permit, shall be encouraged to construct fitness places; the venues and facilities of entities shall be encouraged to be open to the public, appropriate fee may be charged.

Article 49 The municipal culture, radio, television, tourism and sports department shall, in conjunction with the municipal health department, promote the integrated development of scientific fitness, health promotion, disease prevention, and physical and psychological rehabilitation, with a focus on the following:

(1) Formulating the standards and specifications for the monitoring, evaluation and intervention of physical health;

(2) Formulating and implementing intervention plans for physical health;

(3) Releasing scientific fitness and sports guidelines to promote exercise prescriptions;

(4) Strengthening the management and training of social sports instructors, and giving full play to their roles including but not limited to skills transfer, exercise guidance and organizational management in mass sports activities to strengthen the guidance on national fitness.

Article 50 The municipal health department shall incorporate the physical fitness test into the health examination of residents.

The municipal education department shall incorporate the physical fitness levels of students including but not limited to height, weight and physical functions as important indicators and content into school assessment and evaluation.

The culture, radio, film, television, tourism and sports department shall, in conjunction with the departments of health, education, etc. organize regular physical fitness tests for residents covering different ages and occupations that are not less than one percent of the residents, and disclose the test results to the public.

Section Three Mental Health

Article 51 The municipal and district people's governments and their relevant departments shall improve the psychosocial service system, promote the development of psychological health service institutions, guide social organizations, social workers, and volunteers to actively participate in psychosocial services, improve psychological literacy, and cultivate self-esteem, self-confidence, rationality, composure, and optimism of residents.

Article 52 The health department shall establish and improve the organization, administration, supervision and evaluation mechanisms for psychological health promotion and incorporate the whole-life cycle psychological health interventions as an important part of health promotion efforts.

Relevant departments, subdistrict offices, and community primary-level organizations shall take necessary measures to strengthen publicity and education on psychological health of residents.

Employers shall adopt a variety of forms to carry out the promotion of psychological health of employees.

Article 53 The education department shall incorporate the student psychological health education into the school health education.

Schools shall have psychological health clinics with full-time and part-time psychological health teachers or instructors, establish a psychological health assessment, early warning and intervention mechanism for students, and promote psychological tests in physical examinations, so as to prevent and reduce psychological health problems, and cultivate positive, optimistic and healthy psychological health literacy of students.

Parents or other guardians of minors shall pay attention to the emotional state of minors and provide timely psychological guidance.

Mass organizations including but not limited to women's federations shall, in conjunction with community primary-level organizations, carry out publicity and education on family psychological health.

Article 54 The departments of judicial administrative, public security, civil affairs, health etc. shall strengthen the psychological crisis intervention and psychological assistance for the persons serving sentences, community correction objects, compulsorily isolated for drug rehabilitation, and subject to community drug rehabilitation.

Employers shall organize professionals to provide psychological assistance for employees in specific periods, specific positions, or emergencies.

Article 55 The health department shall, in conjunction with relevant departments, strengthen the construction of psychological health service institutions. Maternal, newborn, and child health institutions and comprehensive hospitals of the Level 2 or above shall provide professional technical services including but not limited to mental health and clinical psychology. Each subdistrict shall have at least one community health service institution that provides psychological counseling services.

Natural persons, legal persons and unincorporated organizations shall be encouraged to set up psychological counseling institutions in accordance with law to provide psychological counseling services.

Employers shall be encouraged to set up psychological counseling rooms or purchase services to provide psychological health services to employees. Employers may add a psychological test to employee health examination.

Article 56 The municipal and district people's governments shall strengthen the construction of the psychological crisis intervention system, improve the mechanism for psychological assistance in emergencies, establish a cross-departmental and interdisciplinary psychological assistance team, and step up training and management.

Psychological health service institutions including but not limited to medical and health institutions and psychological counseling institutions shall be encouraged to carry out psychological assessment and assistance services. Psychological health service institutions and psychological employees shall provide services including but not limited to psychological health evaluation and psychological behavior counseling in accordance with the relevant norms.

Section Four Occupational Health

Article 57 The municipal and district people's governments and their relevant departments shall establish and improve the systems on occupational health protection, strengthen the construction of the occupational health service system, provide occupational health services according to the level of economic and social development, the current situation of industrial development, emerging occupation types, and characteristics of occupational population, and raise the health protection level of employees.

Article 58 The health department shall strengthen the construction of the prevention and control of occupational diseases and the occupational health regulatory system, improve the relevant standards and norms for occupational health, and raise the levels of occupational health inspection and risk assessment, monitoring and evaluation of occupational disease hazards, diagnosis, treatment and rehabilitation of occupational diseases, etc.

A categorized and hierarchical regulatory system for occupational health and a system of work-related injury insurance for employers working in new forms of business shall be explored and established.

Article 59 The health department shall organize the formulation of standards and guidelines for preventing work stress and musculoskeletal disorders and for health protection of special occupational groups to guide employers in strengthening the health management of special occupational groups.

Article 60 Employers shall assume responsibilities for the prevention and control of their own occupational health hazards, establish, improve and implement the occupational health management systems, create work atmosphere conducive to the physical and mental health of employees, and allocate full-time and part-time health management personnel as needed.

The health department shall strengthen the publicity and dissemination of occupational health-related knowledge for the principals, occupational health management personnel and employees of employers, and push medical and health institutions to establish a system of health management liaison with employers.

Article 61 Employers shall organize regular occupational health training for employees before employment and on the job, popularize occupational health-related knowledge, enhance prevention awareness of occupational health hazards, and improve the capabilities in prevention of and response to occupational health hazards.

Employers shall be encouraged to adopt new technologies, new processes, new equipment, and new materials which may facilitate the prevention and control of occupational diseases and the protection of employee health, so as to minimize and control occupational injuries, occupational diseases and other occupation-related diseases.

Article 62 Employers shall provide the necessary labor protection supplies and health work supplies that comply with human ergonomics to employees in accordance with the relevant provisions.

Employers shall be spurred to implement the work-break fitness programs, and to establish appropriate fitness venues and facilities in work sites to provide employees with convenient facilities and time for fitness.

Employees shall develop a sense of personal responsibility for occupational health, work in strict accordance with operating procedures, consciously and correctly use personal protective equipment, and actively participate in the annual health examination.

Article 63 Employers shall reasonably allocate human resources, arrange for work and rest time, and implement the rotational shift system for employees with heavy mental or physical workload for the purpose of avoiding excessive loss on their body functions or damage to their physical and mental health.

Employers shall strictly enforce the paid leave system for employees according to law. Organizations including but not limited to the human resources and social security department and trade unions shall strengthen the supervision and inspection of employers' implementation of the paid leave system for employees.


Chapter Four Health Services

Section One Health Service System

Article 64 The municipal and district people's governments shall establish and improve the high-quality and efficient health service system composed mainly of regional medical centers, primary-level medical consortia, and specialized public health institutions.

The municipal health department shall prepare a plan for the municipal health service system in accordance with the principles of reasonable layout, appropriate scale, optimal hierarchy and complete functions, and issue it for implementation upon approval of the Municipal People's Government.

The health service system shall be constructed with public medical and health institutions as the main participants and socially organized medical and health institutions as supplementary participants.

Article 65 The municipal health department shall set up regional medical centers with municipal medical institutions as the main participants to undertake the diagnosis and treatment tasks of critical, severe and complicated diseases, organize personnel training and scientific research in related disciplines, and take the lead in the establishment of a major disease prevention and treatment system.

Article 66 The district health department shall, according to the requirements of the health service system plan, demarcate health management service areas by administrative areas or a number of subdistricts, integrate medical and health resources within such areas, and establish primary-level medical consortia led by tertiary hospitals or hospitals representing the medical level of such areas and participated in by community health service institutions and other medical and health institutions, to provide residents within such areas with prevention, diagnosis and treatment, nutrition, rehabilitation, nursing, health management and other integrated, continuous health management services.

Article 67 The district people's governments shall strengthen the construction of community health service institutions, establish at least one community health service institution in each community, and take community health service institutions as a basic platform for providing residents with health management services as well as health technical support for the construction of healthy communities, response to public health emergencies, etc.

The district health department shall organize the formulation of the setup plan for community health service institutions within its jurisdiction and clarify their service areas and health management responsibility according to the number of community health service institutions set up in the district as determined by the municipal health department as well as the territorial spatial planning, the distribution and structure of community population, the number and layout of existing medical institutions, etc.

The setup plan for community health service institutions of the district shall be issued for implementation upon the approval of the district people's government and submission to the municipal health department for record filing.

Article 68 Primary-level medical consortia shall establish a mechanism of responsibilities division and coordination between hospitals and community health service institutions. Hospitals shall provide community health service institutions with talents, technical support and two-way patient referral services so as to improve their primary-level health service capabilities.

Article 69 The municipal and district people's governments shall, in accordance with the principles of coordination, unity and specialty, strengthen the construction of specialized public health institutions of disease prevention and control, special disease prevention and treatment, emergency medical treatment, blood collection and supply, etc.

Section Two Basic Health Services

Article 70 The municipal and district people's governments shall provide basic health services that are of public interest nature, fair, and accessible to residents. Basic health services include basic public health services and basic medical services. Basic public health services include national basic public health service items and municipal supplementary public health service items.

National basic public health service items shall be implemented with the service items and targets stipulated by the State and Guangdong Province. For municipal supplementary public health services, their items and targets shall be determined by the Municipal People's Government according to the needs of disease prevention and control and financial affordability.

Municipal supplementary public health service items and basic medical service items shall be dynamically adjusted in light of the medical needs of residents, the level of economic and social development, the government's ability to provide security, the upgrading of medical technology, etc.

Article 71 The real-name system shall be applied to basic health services. Except for emergency treatment, residents shall present a valid identity certificate to receive basic health services.

Article 72 The municipal health department shall issue a resident health services manual, publicize the items, standards, providers, ways of accessibility of basic public health services, as well as medical guidelines of basic medical services, etc. meanwhile, formulate relevant management rules for the purpose of strengthening service management and performance assessment.

Primary-level medical consortia shall provide basic public health services in accordance with the relevant provisions, and the provision of basic public health services shall be incorporated into the performance assessment and the service quality assessment indicator system of medical and health institutions.

Article 73 The municipal health department shall promote the integration of disease prevention, treatment and rehabilitation, establish and improvecollaborative relationship among regional medical centers, primary-level medical consortia, and specialized public health institutions.

Hospitals shall provide priority registration, treatment, examination and hospitalization services for patients referred by community health service institutions in accordance with relevant provisions.

Patients with chronic diseases, severe mental disorders and tuberculosis who need follow-up and health management after hospitalization as well as other patients eligible for receiving treatment, rehabilitation and nursing in community health service institutions shall be transferred to community health service institutions by hospitals in accordance with relevant provisions.

Specialized public health institutions shall guide medical institutions in the provision of basic public health services. Disease prevention and control institutions shall, in conjunction with primary-level medical consortia, carry out work including but not limited to community diagnosis and monitoring of the construction of healthy communities, and guide its provision of basic public health services.

Article 74 The municipal and district people's governments shall develop and improve the system of disease prevention and healthcare based on traditional Chinese medicine (TCM), incorporate the appropriate TCM techniques into the basic health services in accordance with relevant provisions, and give play to the important role of TCM in the health services for residents. The municipal health department shall, in conjunction with relevant departments, formulate technical specifications for TCM health services.

Medical and health institutions shall be supported to provide TCM health services. Community health service institutions shall provide TCM health services in accordance with relevant provisions.

Section Three Resident Health Management

Article 75 The municipal and district people's governments shall strengthen the construction of resident health management organizations, and establish and improve the resident health management mechanism with community health service institutions as the platform, general practitioners as the physicians responsible for health management, and residents' electronic health records as the carrier.

A resident may independently choose a community health service institution as his or her health management service institution, and choose or authorize the health management service institution to designate a general physician as his or her physician responsible for health management.

Residents shall be encouraged to sign a health management service agreement on the content of health services and the protection of personal health-related information privacy and other related matters with the health management service institutions.

Article 76 Resident health management service institutions shall establish a family doctor service team headed by the physician responsible for health management to provide the following services for residents in accordance with the agreement on resident health management services and relevant provisions:

(1) Assisting in the establishment, maintenance and management of residents' electronic health records, and verifying the relevant information provided by residents;

(2) Providing a list of basic public health services and a schedule for receiving the services, and following up on the residents' receipt of services;

(3) Regularly performing blood pressure test for residents over eighteen years, measuring blood glucose of residents over thirty-five years, and checking the lung function of residents over forty years and high-risk groups;

(4) Physical fitness test for residents;

(5) Providing family hospital bed services for eligible residents;

(6) Health consulting and TCM health services, and guidance on residents to carry out self-health management;

(7) Basic medical services and patient referral services;

(8) Personalized health services as agreed upon;

(9) Other health management services as stipulated by the health department.

Article 77 Residents health management service institutions may develop personalized health service packages for the contracted residents according to their different health service needs.

In the personalized health service packages, for basic public health service items, related project fund expenditures shall apply; for basic medical service items, included in medical service items and price management of non-profit medical institutions ,the social health insurance fund and individual payment at a prescribed proportion shall apply, but the items within the scope of work-related injury insurance shall be subject to the work-related injury insurance in accordance with relevant provisions; for special health service items, residents shall voluntarily choose them and market-regulated prices shall apply, subject to the supervision and management by relevant departments.

Article 78 Community health service institutions shall provide residents with health management services that comply with the relevant technical specifications, and establish and improve the relevant rules and systems to ensure the quality of services.

Section Four Resident Electronic Health Records

Article 79 The Municipal People's Government shall establish and improve the management systems on residents' electronic health records. The municipal health department shall be responsible for formulating the technical standards as well as management, use and information security specifications for residents' electronic health records, and establishing electronic health records for all residents.

Article 80 Residents' electronic health records shall mainly include:

(1) Personal basic personal information including but not limited to name, gender, marital status, contact information, and current address;

(2) Personal basic health-related information including but not limited to previous medical history, family health history, allergy history, blood pressure, blood glucose, and blood lipid;

(3) Records on receipt of health services, including information on basic public health services, medical services, and physical examination services during resident's whole life cycle;

(4) Other self-recorded personal health-related information including but not limited to lifestyle, drug use and, health self-assessment.

Article 81 The municipal health department shall incorporate the electronic health records of residents into the health-related information platform for the municipal network-based administration. Medical and health institutions shall gain access to the health-related information platform according to the data interface specifications formulated by the municipal health department.

Article 82 Medical and health institutions shall, in accordance with relevant provisions, enter into or upload to the health-related information platform the records of such health services as disease prevention, inspection and examination, diagnosis and treatment, rehabilitation, and nursing for residents.

Medical and health institutions shall establish electronic health records for service targets without electronic health records and newborn babies.

Medical and health institutions may require residents to show valid identity certificates and provide basic personal information and basic health-related information when establishing electronic health records for them.

Article 83 The basic personal information in electronic health records shall be entered or provided by residents; when information changes, timely updating shall be made.

Personal basic health-related information shall be provided and updated by residents or health management service institutions.

Other personal health-related information shall be recorded and confirmed by residents or health institutions that provide health services according to the authorization of electronic health records.

Article 84 Electronic health records of adult residents shall be accessible to themselves, while those of minors shall be accessible to their parents or other guardians, and functions including but not limited online query, download, update, use, and authorization shall be enabled.

When residents receive medical services, medical and health institutions may access their electronic health records.

The health department, specialized public health institutions and residents' health management service institutions may access residents' electronic health records in accordance with relevant provisions as needed for health administration and residents' health management.

Article 85 Without the consent of residents or their legal guardians, medical and health institutions and their staff shall neither provide or disclose nor use the information in residents' electronic health records that may identify or infer personal identity for purposes other than health, unless otherwise stipulated by laws and regulations.

The information in residents' electronic health records that involves personal privacy and important health services shall be stored and used by information holders and users within their authorization according to law after execution of security and confidentiality agreement.

Article 86 The relevant units of public security, civil affairs, medical security, and government services data management, subdistrict offices, and community primary-level organizations, etc. shall cooperate with the health department in data comparison, verification and other work related to residents' electronic health records.

Article 87 The municipal health department may organize medical and health institutions and related specialized institutions to, according to law, carry out health service surveys, public health management, clinical medical research, etc. using the information in residents' electronic health records that is unable to identify or infer personal identity.

Electronic health records of residents shall not be used for any commercial purposes.

Section Five Health Management of Key Groups

Article 88 The municipal and district people's governments shall establish and improve the maternal and child health management systems to strengthen maternal healthcare, child healthcare, women's healthcare, reproductive healthcare, etc.; improve the prevention and control system for birth defects, and support maternal and infant care institutions in carrying out monitoring and prevention of birth defects and diseases according to law, so as to constantly improve the quality of the newborn population.

Residents shall be encouraged to carry out premarital medical examination and premarital health counseling.

Article 89 The municipal and district people's governments shall establish and improve the infant and child care service system, promote the planning and construction of infant and child care service facilities, and provide multi-level and diversified infant and child care services.

Employers shall be encouraged to create favorable conditions for employees to take care of their infants and children by taking measures including but not limited to remote office, flexible working hour arrangement, and reduction of working hours.

Article 90 The education department shall create a school atmosphere conducive to the healthy growth of students, promote the integration of sports and teaching and connection between teaching and health, and advance the coordinated development of academic training, physical exercise and health literacy of teenagers.

The quality of atmosphere including but not limited to day-lighting, illumination and ventilation and the setup of teaching facilities and equipment including but not limited to blackboards, desks and chairs in primary and secondary school teaching buildings shall comply with the relevant national, provincial and municipal standards.

Article 91 The education and health departments shall push medical and health institutions to establish a collaborative mechanism with schools to guide them in health education and health management.

The health department shall monitor and evaluate adolescent growth and development, and guide schools in carrying out prevention and treatment of infectious diseases and common diseases. Primary-level medical consortia shall provide student health examination services in accordance with relevant provisions, and offer schools an evaluation report on the health status of students.

Article 92 Primary and secondary schools shall organize a social adaptability test on school students annually, and the health department shall provide professional technical support. Relevant social organizations shall be encouraged to participate in the testing and evaluation of adolescents social adaptability and make suggestions.

No entity or individual shall provide minors with publications and related electronic information that may harm their physical and mental health.

Article 93 The municipal and district people's governments and their relevant departments shall establish and improve the inclusive health service system for the elderly including health education, preventive healthcare, TCM health services, disease diagnosis and treatment, rehabilitation care, long-term care, and hospice care,etc.

The municipal departments of health, civil affairs, medical security etc. shall, according to their responsibilities, establish and improve the healthy elderly service network based on home-based elderly care, backed by the community elderly cares, and supported by institutional elderly care, formulate the standards and specifications for the combination of medical care and elderly care, and establish and improve the system of long-term care services for the disabled elderly.

Article 94 The municipal and district people's governments shall establish and improve the rehabilitation service system for groups with disabilities. The municipal and district disabled persons' federations shall be responsible for coordinating the rehabilitation guidance for groups with disabilities, promoting the integration of rehabilitation services for groups with disabilities and community health services, and improving the capacity of rehabilitation services for groups with disabilities.

Article 95 The Municipal People's Government shall coordinate the development of institutional care, community care and home care as well as other forms of all-round, full-cycle care services.

Medical and health institutions, elderly service institutions and other specialized service institutions shall provide services including but not limited to medical care, care for groups with disabilities, rehabilitation care, maternal and childcare, elderly care, and hospice care through qualified nursing staff that have undergone nursing skills training.

Section Six Prevention and Treatment of Major Diseases

Article 96 The municipal health department shall establish and improve the prevention and treatment system for major diseases in various medical institutions at all levels that features linkage between upper and lower levels, division of responsibilities and cooperation, and fusion of medical care and prevention; establish the whole-process closed-loop management that covers screening and detection, treatment and health management, and health intervention effect evaluation of major diseases including but not limited to cardiovascular diseases, cancer, chronic respiratory diseases, and diabetes; improve the synergistic mechanism of scientific research, control, and clinical treatment of major diseases.

Article 97 The municipal health department shall organize the regional medical centers to take the lead in establishing a technical guidance center for major disease prevention and treatment to undertake the diagnosis and treatment of critically ill or acute major diseases, clinical medical research, formulation of prevention and treatment specifications, personnel training, technical guidance, and so forth.

Primary-level medical consortia shall establish a green channel for two-way patient referral between hospitals and community health service institutions, promote the collaborative services provided by general practitioners and specialists, and carry out health management services including but not limited to health promotion, disease screening, health interventions for high-risk groups and follow-up management of patients, two-way patient referral, and medication guidance in accordance with the technical specifications for the prevention and treatment of major diseases..

Specialized public health institutions shall carry out such work as monitoring of major diseases, epidemiological surveys, guidance on comprehensive prevention and control strategies and measures, and evaluation on prevention and treatment effects in accordance with relevant provisions.

Article 98 The municipal and district people's governments shall adjust the scope of major disease monitoring and intervention items in good time according to the changes in the disease spectrum of residents, the development of medical security level, scientific and technological advances, and so forth.

The health department shall formulate a monitoring and intervention plan for major diseases to specify the diseases to be monitored, target groups, monitoring and intervention items, and organize the implementation thereof.

Article 99 The health department shall, in conjunction with the departments of public security, civil affairs, government services data management, etc. establish and improve the comprehensive monitoring network of major diseases, health risk factors, causes of death and disease burden, and promote the multi-disease, multi-factor, and multi-dimensional joint monitoring with technologies including but not limited to big data, cloud computing and artificial intelligence, so as to improve the networking, digital and intelligent level of monitoring of disease and health risk factors, public health early warning and analysis, and detection and health management of key groups.

Article 100 The municipal health department shall establish and improve the health examination system for residents, and formulate a basic catalog of health examination items based on factors including but not limited to age, gender and occupation for the purpose of improving the coverage of early diagnosis and treatment of major diseases.

Article 101 The municipal and district people's governments shall plan and construct treatment platforms including but not limited to chest pain centers, stroke centers, critical maternal and newborn treatment centers, critical child treatment centers, and trauma centers.

Medical and health institutions undertaking the tasks of emergency medical treatment and major disease treatment or treatment in case of disasters shall establish and improve the emergency green channel, and optimize the coordination mechanism for pre-hospital emergency rescue and in-hospital emergency treatment for the purpose of raising the efficiency of rescue.


Chapter Five Health Security

Section One Health Service Fees

Article 102 The municipal and district people's governments shall establish and improve the investment and guarantee mechanism of health funds for the construction of a healthy Shenzhen.

The health department shall, in conjunction with the financial department, formulate the specific provisions on health financial investment, and carry out monitoring and evaluation of health investment performance.

Article 103 Basic public health services shall be provided free of charge by medical and health institutions in accordance with relevant provisions, with expenses included in the municipal and district financial budget, and project investment standards shall be adjusted regularly.

Expenses for basic medical services shall be paid from the social medical insurance fund or the work-related injury insurance fund or by individuals according to law. Compliant basic medical services provided by medical and health institutions shall be given appropriate subsidies by the municipal and district financial departments in accordance with relevant provisions in a hierarchical and classified manner.

Article 104 The municipal medical security department shall construct a fair, efficient, sustainable, multi-tier, health-oriented social health insurance system, improve the social health insurance payment system with the basic principle of total budget, balance reserves and reasonable contribution, guide hierarchical diagnosis and treatment, push medical and health institutions to change their service concepts and models, and optimize the health services for residents.

Article 105 Where community health service institutions provide health management services for residents participating in the social medical insurance, the expenses that comply with the payment scope and standard of social medical insurance shall be paid by the municipal medical security department according to the standard of quota per person per year to community health service institutions.

Article 106 The development of commercial health insurance shall be encouraged to satisfy the diversified health guarantee needs of the public. Commercial insurance institutions shall be encouraged to increase the supply of new health insurance products, develop medical liability insurance and medical accident insurance, improve the patient guardianship liability compensation and other insurance against vaccine-related adverse events and serious disease disorders, and develop health-related commercial insurance products covering special medical treatment, cutting-edge medical technology, innovative drugs, high-end medical equipment applications, as well as long-term care and health management.

Section Two Talent and Technology

Article 107 The municipal and district people's governments shall establish and improve the health service talent policy system, formulate and implement a special plan for the construction of health service talent teams, and strengthen the introduction and training of high-level health service talents, general medical talents and other talents in short supply.

The departments of health, education, human resources & social security, finance, etc. shall deepen the reform in staffing and remuneration systems of medical and health institutions, and establish and improve the education, training, introduction, management, evaluation and remuneration systems and the performance appraisal system oriented towards medical ethics, capability and performance for medical and health personnel that comply with the characteristics of the medical and health industry.

Article 108 The Municipal People's Government shall formulate policies and measures to support the development of higher medical education and the establishment of medical colleges and universities by well-known institutions at home and abroad in Shenzhen, encourage local medical colleges and universities to provide education and training for general practitioners and other medical and health professionals in short supply, and push forward the expansion of enrollment scale of clinical, nursing and other medical majors.

The municipal and district people's governments shall formulate policies and measures to support the training and use of skilled health management talents, encourage local medical universities and vocational colleges to cultivate rehabilitation therapy, psychotherapy and other talents, and provide training for practitioners of health management, nutritional health, nursing services and other practitioners.

Article 109 Medical and health institutions may carry out clinical applications of international frontier drugs and medical technologies in accordance with relevant provisions. The specific measures shall be formulated by the municipal departments of market regulation, health, etc. in accordance with their responsibilities.

Article 110 The Municipal People's Government shall promote the establishment of a cross-border linkage mechanism for health services to support institutions engaged in medicine and health, health management, medical research, and medical education and training to carry out cross-border medical exchanges and cooperation and to hold academic conferences according to law; encourage international medical and health organizations to set up offices in Shenzhen.

The municipal health department shall establish a standard system for cultivation of medical talents, evaluation of medical and health personnel, and accreditation and certification of hospitals in line with international standards, and strengthen cooperation with international standard organizations.

Section Three Health Industry

Article 111 The municipal and district people's governments shall formulate a special plan for the development of health industry, coordinate the spatial layout of health industry, optimize the development atmosphere of health industry, improve the development policy of health industry, foster the integrated development of modern health service industry, biological and life health industry, and medical science and technology innovation system, and advance the application of new technologies and new models in the field of health.

Article 112 The Municipal People's Government shall establish and improve the medical science and technology innovation system, support medical and health institutions, institutions of higher learning, scientific research institutions, and health-related enterprises to collaborate in health science and technology breakthroughs, and create a favorable atmosphere conducive to the transformation of scientific and technological achievements.

Medical and health institutions and their medical and health personnel may enjoy science and technology innovation policies of institutions of higher learning and scientific research institutions on the distribution of awards and benefits from the commercialization of scientific and technological achievements.

Article 113 The Municipal People's Government shall advance the construction of major medical scientific research platforms and innovation in related mechanisms, support the development of health industries including but not limited to precision medical treatment, innovative drugs, new vaccines, modern TCM, high-end medical devices, and personalized health intervention, and push forward the application of big data, new materials and artificial intelligence technology in the field of health.

Article 114 The municipal departments of development & reform, science, technology & innovation, industry & information technology, civil affairs, culture, radio, television, tourism and sports, health, market regulation, medical security, local financial regulation etc. shall, according to their responsibilities, collaborate on pushing forward the establishment and improvement of health industry support platforms of health basic research, commercialization of scientific and technological achievements, and whole-chain specialized services, boost open synergy, integration and sharing of health innovation resources, and foster the development of health industry.

Article 115 Relevant departments and unitsof health, civil affairs, and culture, radio, film, television, tourism and sports, disabled persons' federations shall push social forces to sponsor various forms of health public service institutions.

Health public service institutions sponsored by social forces shall enjoy equal rights as those sponsored by the government in access, practice, grade review, service procurement, designated social medical insurance institutions, scientific research and teaching, assessment of professional titles of staff, continuing education, etc.

Article 116 The funds allocated by a regional medical center for medical scientific research each year shall not be less than three percent of its total expenditure. Clinical trials and commercialization of achievements carried out by regional medical centers shall be included in the performance evaluation of medical institutions.

Eligible medical and health institutions shall be given support in their application for the establishment of national pharmaceutical clinical trial institutions, medical device clinical trial institutions and other innovation service platforms for the health industry to carry out the clinical research, transformation and application of new health technologies according to law.

Section Four Supervision and Administration

Article 117 The Municipal People's Government shall incorporate the construction of a health Shenzhen into the government performance assessment indicator system, the assessment of health impact and implementation of health policy into the assessment content of its departments, and the incidence of statutory infectious diseases, the rate of standard management of major chronic diseases, hierarchical diagnosis and treatment, and improvements in main health status indicators of residents, into the assessment content of district people's governments.

Article 118 The comprehensive medical supervision and administration system that combines government supervision and administration, institutional autonomy, industrial self-regulation, and social supervision shall be improved.

The municipal health department shall, in conjunction with the departments of medical security, market regulation, etc. establish and improve a system of coordinated, information-based and credit supervision and administration for the health industry, and build a comprehensive health supervision and administration information system.

Article 119 The health department shall, in conjunction with relevant departments, carry out performance appraisal of public medical and health institutions, and the appraisal results shall be linked with fiscal subsidies, health insurance reimbursement, total staff salaries, as well as leadership appointments, appraisals and remunerations.

The health department shall, in conjunction with relevant departments, evaluate the service quality, medical technology, and use of drugs and medical devices in medical and health institutions.

Medical and health institutions shall disclose to the public information including but not limited to their functional positioning, duties and tasks, service items, and charges to accept social supervision.

Article 120 As the law enforcement authority of the health department to perform administrative law enforcement functions, the health supervision institution shall carry out health law enforcement in accordance with law.

The health supervision institution shall establish a scientifically standardized and efficient integrated law enforcement system, implement unified standards and unified supervision, and strengthen comprehensive supervision over the health industry.

Article 121 The municipal departments of health, medical security, market regulation, etc. shall establish a joint law enforcement mechanism for the health industry for the purpose of notifing each other of supervision information, jointly carry out such work as the investigation and handling of major cases and reporting and release of case information, improve the mechanism of case transfer between public security and judicial departments, and promote the effective linkage between administrative law enforcement and criminal justice.

Article 122 The municipal health department shall, in conjunction with relevant departments, establish and improve the credit-based regulatory mechanism for the health industry, establish a credit record database and credit files, formulate a credit information collection catalog and the rules for management, use and sharing of credit information, and establish and improve the mechanism of joint punishment for acts in bad faith and joint incentives for acts in good faith.

Article 123 The municipal medical security department shall improve the ability and level of medical security supervision and administration, strengthen the supervision and administration over the medical services and medical expenses included in the payment scope of social medical insurance, and ensure the safety, efficiency and rational use of the social medical insurance funds.

Article 124 When setting up laboratories related to human health, conducting experimental activities related to human health, or using human genetic resources to carry out biotechnology research and development activities or clinical trials, the medical and health institutions, institutions of higher learning, and scientific research institutions shall strictly comply with the relevant provisions on biosafety management of pathogenic microbiological laboratories, human genetic resource management, biotechnology research, clinical application management, and medical ethics.

Article 125 The departments of public security, culture, radio, television, tourism and sports, press and publication, network supervision, health, etc. shall improve the health supervision system for business premises for Internet access services, and strengthen the supervision over online game content, so as to create a favorable network atmosphere for the healthy growth of the youth.


Chapter Six Legal Liabilities

Article 126 If the municipal or district people's government, relevant departments or their staff fail to perform relevant duties in accordance with the provisions hereof, they shall be ordered to make corrections, and a notice of criticism shall be circulated by the relevant department; if any adverse consequence or impact is caused, the directly liable person in charge and other directly liable person shall be given punishment in accordance with the law; if the violation is criminally punishable, the offender shall be held criminally liable according to the law.

Article 127 In case of any of the following acts in violation of the provisions of Article 46 hereof, the relevant party shall be ordered to make corrections and given a fine of not less than RMB 5,000 but not more than RMB 30,000 by the market regulation and administration department:

(1) Sale of alcoholic drinks in places or areas where the sale of alcoholic drinks is prohibited;

(2) Sale of alcoholic drinks using vending equipment;

(3) Sale of alcoholic drinks to minors.

Article 128 If a seller of alcoholic drinks and carbonated drinks, in violation of Paragraph 1 of Article 47 hereof, fails to set up standard health damage warning signs on the shelves or counters, it shall be given a warning and ordered to make corrections within a prescribed time limit by the market regulation and administration department; if the seller fails to make corrections within the prescribed time limit, it shall be impoesd a fine of RMB 1,000.

Article 129 If a medical and health institution commits any of the following acts in violation of the provisions of Article 82 hereof, it shall be ordered to make corrections within a prescribed time limit  by the health department; and if it fails to make corrections within the prescribed time limit, it shall be imposed a fine of not less than RMB 10,000 but not more than RMB 30,000:

(1) Failure to record or upload relevant information to the health-related information platform in accordance with the provisions;

(2) Failure to establish electronic health records for residents in accordance with the provisions.

Article 130 In case of provision or disclose to the public of any information that may reveal or infer the identity of a resident without the consent of the resident or his/her legal guardian in violation of the provisions of Article 85 hereof, the health department shall order the violator to make corrections, give it a warning, and impose a fine of not less than RMB 10,000 but not more than RMB 100,000, and impose on the directly liable person a fine of not less than RMB 5,000 but not more than RMB 50,000; in the event of refusal to make corrections or a large amount of data leakage and other serious consequences, a fine of not less than RMB 100,000 but not more than RMB 1,000,000 shall be imposed, and a fine of not less than RMB 10,000 but not more than RMB 100,000 shall be imposed on the directly liable person. If a crime is committed, the violator shall be investigated for criminal liability according to law.

If the directly liable person mentioned in the preceding paragraph is medical and health personnel, the health department shall issue to him/her an order on suspension of practice for more than six months but less than one year.

Article 131 Where anyone who violates the relevant provisions hereof is subject to an administrative penalty, the relevant department shall, in accordance with relevant provisions, enter the information on the illegal act into the public credit information system.


Chapter Seven Supplementary Provisions

Article 132 The terms used in these Regulations bear the meanings set out below:

(1) A regional medical center refers to a medical institution that mainly carries out diagnosis and treatment services of critical, severe and complex diseases and undertakes the tasks including construction of major high-level medical subjects, personnel training, medical scientific research, and prevention and treatment of major diseases. within a service area.

(2) A primary-level medical consortium refers to a primary-level medical group or any other form of consortium led by a tertiary hospital or a hospital with strong business capacity in collaboration with community health service institutions, nursing homes, specialized rehabilitation institutions, and other medical and health institutions within a service area.

(3) Basic public health services refer to free-of-charge basic public health services in respect of major health problems provided for all residents, especially children, pregnant or parturient women, the elderly, and patients with chronic diseases.

(4) Basic medical services refer to the medical services included in the payment scope of social health insurance and work-related injury insurance.

(5) Community diagnosis refers to the process of detecting the main health problems in a community and determining those need to be addressed as a priority by using sociological and anthropological research methods based on the information collected on the community population, residents' health needs, health services, etc. through health service surveys and epidemiological surveys.

Article 133 These Regulations shall come into force on January 1, 2021.

 



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