Nanchang City, Prohibiting Non-Medical Needs Fetal Gender Identification And Selective Pregnancy Termination Provisions

Original Language Title: 南昌市禁止非医学需要鉴定胎儿性别和选择性别终止妊娠的规定

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(January 5, 2006, Nanchang city people's Government, the 39th Executive meeting January 17, 2006 109th Nanchang city people's Government promulgated as of March 1, 2006) first to keep birth normal sex composition of the population, according to the People's Republic of China on population and family planning law, the People's Republic of China Law on maternal and infant health and the Jiangxi province on population and family planning regulations and other laws and regulations, combined with the city's actual, these provisions are formulated.
    Article prohibiting the non-medical needs fetal sex appraisal and selective termination of pregnancy.
    Article city, County (district) people's Governments shall maintain a healthy birth gender into population and target management responsibility system of family planning, the lower level people's Governments and departments to implement the provisions of the assessment.
    Fourth city, County (district) population and family planning administrative departments responsible for the implementation of this requirement.
    City, County (district) population and family planning, health, food and drug supervision administration, in accordance with their respective responsibilities, the fetus gender identification and selective termination of pregnancy and pregnancy termination drug supervision and management.
    Fifth prohibits any units or individuals unauthorized sex identification of the fetus and surgical termination of pregnancy services.
    Sixth article suspected fetal may for with sex genetic disease, disease, medical Shang does have need for fetal gender identification of, should according to following provides handle: (a) to County above health administrative sector specified of medical health institutions issued proved; (ii) reported County above population and family planning administrative sector approved; (three) to province health administrative sector specified of medical health institutions for gender identification. Article seventh fetus gender identification of institutions should be organized group of three or more collective review, issue identification.
    Really necessary to terminate the pregnancy, an accreditation body shall inform the identification result population and family planning administrative departments at and above the county level.
    Article eighth surgical termination of pregnancy services of the health institutions shall be approved by the health administrative departments at and above the county level, the health Administrative Department should inform the population and family planning administrative departments at ratification.
    Surgical termination of pregnancy services of family planning technical service institutions shall be approved by the municipal population and family planning administrative departments at or above.
    First and second paragraph of this article of the approval shall be made to the food and Drug Administration approval of the Administrative Department at the same level.
    Nineth not eligible for statutory maternity pregnancy, termination of pregnancy. Does not meet the conditions for issuing birth, termination of pregnancy pregnancy-14 weeks pregnant, should be practiced in institutions providing pregnancy termination operation identification; pregnant women aged 20, should also provide the township (town) people's Governments or neighborhood offices related marriage certificates issued by family planning organizations.
    The township (town) people's Government or the street family planning agency shall promptly issue a marriage certificate.
    Family planning agencies and pregnancy termination operation Agency should protect the privacy of the parties.
    X article meet statutory birth conditions, pregnancy 14 week above of pregnant women, shall not terminated pregnancy, but has following case one of of except: (a) fetal patient serious hereditary disease; (ii) fetal has serious defects; (three) for patient serious disease, continues to pregnancy may endanger pregnant women life security or serious against pregnant women health; (four) other non-select gender need terminated pregnancy of case.
    Meet Qian paragraph subsection (a), and (ii), and (three) items case one of terminated pregnancy of, should provides I ID ming, and fetal gender identification institutions or County above has carried out prenatal diagnosis qualification of medical health institutions issued of proved; meet Qian paragraph subsection (four) items of, should provides I ID Ming and household location County population and family planning administrative sector issued of proved.
    11th article purposes terminated pregnancy surgery of institutions, on pregnancy 14 week above of pregnant women requirements purposes terminated pregnancy surgery of, should in purposes terminated pregnancy surgery Qian identification, and registration this provides Nineth article, and tenth article provides of about proved material, and will about proved material of copies and surgery disease records together archive; cannot provides about proved material of, not purposes terminated pregnancy surgery, and timely report location County population and family planning administrative sector.
    Article 12th pregnant continued gestation may jeopardize the lives or serious harm to their health, in need of emergency termination of pregnancy, practiced in institutions for terminating a pregnancy termination operation operation, but shall timely surgical patients after surgery who recorded and archived.
    13th healthcare organizations, family planning technical service institutions shall in workplace settings prohibiting the non-medical needs fetal sex appraisal and selective termination of pregnancy logo and publish calls for population and family planning, public health Administrative Department.
    14th health care agencies, family planning technical service institutions should be purchased by ultrasound can be used to identify the sex of a fetus, such as device type, quantity, use the list of sites and operators, in accordance with administrative rights or population and family planning administrative departments for public health record.
    Health administrative departments shall, promptly after the filing to the same level of population and family planning administrative departments for the record.
    15th medical care for pregnant women, family planning technical service institutions of the ultrasound and other fetal sex appraisal of technical inspection shall establish a registration system, check the reason for registration and examination results and other matters, and more medical personnel or family planning technical service personnel at the signature on the registration form.
    16th the township (town) people's Government, the subdistrict Office family planning agencies in accordance with State and provincial regulations married women of childbearing age pregnancy checks on a regular basis, make regular visits, counselling services, and so on. 17th pregnancy termination drug only in the approved use of surgical termination of pregnancy.
    Drug manufacturing, wholesale business shall not terminate the pregnancy drug sales to unauthorized agencies and individuals.
    Prohibition of drug retail drug sales termination of pregnancy.
    Pregnant women use pregnancy termination drug should be administered under the guidance of doctors.
    18th in population and family planning administrative departments shall, in conjunction with health, food and drug administrative departments to strengthen management of prohibiting the non-medical needs and identification of fetal sex and selective termination of pregnancy monitoring, carried out checks on a regular basis, and to the level and the superior administrative Department of population and family planning report. 19th no units and citizens have the right to population and family planning, health administrative departments to report illegal fetal sex appraisal, selective termination of pregnancy Act.
    Those reports are true, the local population and family planning administrative departments at and above the county level to 5000 Yuan reward.
    Accept the report's departments shall keep their informants confidential.
    20th article violation this provides, unauthorized for non-medical need fetal gender identification or select gender terminated pregnancy of, by County above health or population and family planning administrative sector ordered corrected, give warning, confiscated illegal proceeds; illegal proceeds 10,000 yuan above of, at illegal proceeds 4 times times above 6 times times following fine; no illegal proceeds or illegal proceeds insufficient 10,000 yuan of, at 10,000 yuan above 30,000 yuan following fine; plot serious of, by original sent card organ revoked practice industry certificate.
    Health care agencies, family planning technical service institutions prescribed in the preceding paragraph, in addition to the provisions of the preceding paragraph, but directly responsible and other persons directly responsible shall be given administrative sanctions.
    21st in violation of this provision, in line with the statutory conditions for non-reproductive medicine will need to select the gender of termination of pregnancy, population and family planning administration no longer scheduled growth index, another child as a unplanned births.
    22nd in violation of this provision, the sex of the fetus body or having prenatal diagnosis of false certificates issued by the qualified staff of healthcare institutions, healthcare institutions, or public health Administrative Department shall be given administrative sanctions in serious cases, cancel qualification according to law.
    23rd violates this provision purposes of surgical termination of pregnancy of institutions on more than 14 weeks of pregnancy pregnant women execution surgical termination of pregnancy, not proof of identification, registration, health or population and family planning administrative departments between 2000 and 1000 Yuan fine.
    24th article violates these provisions, illegal sales of termination of pregnancy drug, administered by the food and Drug Administration ordered corrective action and no illegal proceeds, fined a maximum of between 5000 and 3000 Yuan; has illegally obtained, fined a maximum of 3 times the illegal income, but shall not exceed a maximum of 20,000 yuan.
    25th in population and family planning, health and food and drug supervision and management and other administrative departments and their staff, dereliction of duty, abuse of power, favoritism, failure to perform duties, managers directly responsible and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
              26th article of the regulations come into force on March 1, 2006.