Guizhou Province, Prohibiting Non-Medical Needs Of Fetus Gender Identification And Selective Pregnancy Termination Provisions

Original Language Title: 贵州省禁止非医学需要的胎儿性别鉴定和选择性别终止妊娠的规定

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(September 19, 2005 Guizhou Province Government 33rd times Executive Conference considered through October 20, 2005 Guizhou Province Government makes 85th, announced since December 1, 2005 up purposes) first article to keep normal of was born population sex, promote population and economic social of coordination development, according to People's Republic of China population and family planning method, and Guizhou province population and family planning Ordinance and other about legal, and regulations, combined this province actual, developed this provides.
    Second people's Governments above the county level shall remain normal sex ratio at birth in population development plan, and the implementation of the provisions of the assessment.
    Third provincial population and family planning administrative departments are responsible for the province's ban on non-medical needs of fetus gender identification and selective termination of pregnancy of organization, coordination and management of the operation.
    The people's Government above the county level population and family planning administrative departments are responsible for the administrative region prohibiting non-medical needs of fetus gender identification and selective termination of pregnancy of organization, coordination and management of the operation.
    The people's Government above the county level health, food and drug administration, personnel and supervisory authorities shall perform their respective duties, prohibiting non-medical needs of fetus gender identification and selective termination of pregnancy.
    Article fourth health care agencies, family planning technical service institutions approved by the provincial health Administrative Department shall, before the medical needs of the sex of the fetus; by the people's Governments above the county level health administrative department or the approval of the Administrative Department of population and family planning law, termination of pregnancy can be carried out surgery.
    Health care agencies, family planning technical service institutions-related places, shall be installed prohibiting non-medical needs of the sex of the fetus, eye-catching notice and selective termination of pregnancy.
    Fifth Department of the people's Governments above the county level health Administrative Department of population and family planning, should be approved for the sex of the fetus, surgical termination of pregnancy health care agencies, family planning technical service institutions and technical personnel engaged in the work list to the public.
    Prohibiting non-medical needs of fetus gender identification and selective termination of pregnancy.
    Prohibition of private clinics in fetal sex appraisal, execution terminates pregnancy and use of drugs for pregnant women to terminate pregnancy.
    Prohibition of the Organization, introduced more than 14 weeks of pregnancy women illegal identification of fetal sex or sex selection to terminate pregnancy operation.
    Sixth medicine needed by the sex of the fetus should be approved by the law of health care institutions, the Organization of family planning technical service institutions for collective review and diagnosis of more than 3, absolutely necessary to terminate the pregnancy, medical diagnosis issued for it.
    Article seventh pregnancy termination drug (not including contraceptives), only approved surgical termination of pregnancy for medical care, family planning technical service institutions.
    Drug manufacturing, wholesale business shall not terminate the pregnancy drug sales for surgical termination of pregnancy without approval of institutions and individuals.
    Prohibition of drug retail drug sales termination of pregnancy.
    The article eligible for statutory maternity women over 14 weeks of pregnancy, may not terminate the pregnancy, but any of the following circumstances, require termination of pregnancy except: (a) fetal risk of serious genetic disease, (ii) has serious defects of the fetus and (iii) pregnant women suffering from serious illness, continued gestation may jeopardize the safety of life or of serious harm to health.
    Nineth nonmedical needs to terminate the pregnancy in other cases, by the provincial population and family planning administration specific provisions.
    X article meet eighth article provides, need for terminated pregnancy surgery of, should holds I ID and law approved for medical need of fetal gender identification of medical health institutions, and family planning technology service institutions issued of medical diagnosis results, party can terminated pregnancy; meet Nineth article provides, need for terminated pregnancy surgery of, should holds I ID Ming and location County Government population and family planning administrative sector issued of proved, party can terminated pregnancy.
    Health care institutions and family planning technical service institutions should check, proof of registration prescribed in the preceding paragraph of material, can be used for the purposes of surgical termination of pregnancy; and copies of the regular termination of pregnancy surgery together with the surgery archive, at the end of each quarter the CC family planning administrative departments of people's Governments at the County. 11th to encourage institutions and individuals to the people's Government above the county level population and family planning, health, food and drug supervision and management and other administrative departments to report violations of this provision as another test for fetal gender or sex selection for termination of pregnancy Act.
    Violations verified, the local people's Governments at the county level population and family planning administrative departments to give whistle-blowers the bonus of 5000 Yuan, and the informer confidential.
    12th article violates article fourth, fifth paragraph, third paragraph, by the people's Governments above the county level population and family planning administrative departments or the public health Administrative Department shall order to stop violations and fined 1000 Yuan and 30,000 yuan fine.
    13th in violation of provisions of the fourth paragraph of article fifth, by the people's Governments above the county level population and family planning administrative departments shall issue a warning and fined 1000 Yuan and 30,000 yuan fine.
    14th article violates article seventh, by the food and drug supervision and administration of the people's Governments above the county level administrative departments shall issue a warning and order them to correct, and a fine of 5000 Yuan and 30,000 yuan fine.
    15th article violates article eighth, the people's Governments above the county level population and family planning administration fined 1000 Yuan and 3000 Yuan fines; reproductive condition of the second child, arrangements no longer give birth.
    16th health-care agencies, family planning technical service institutions and their staff in violation of the provisions of the second paragraph of this article tenth, the people's Governments above the county level population and family planning administrative departments or the public health administrative departments shall issue a warning, rectification; fails to change, up to 5000 Yuan and 10,000 yuan fine; directly responsible and other persons directly responsible shall be given administrative sanctions.
    17th article violation this provides, has following behavior one of, is not constitute crime of, by County above government population and family planning administrative sector or health administrative sector ordered stop violations, and sentenced 1000 Yuan above 30,000 yuan following fine; on about responsibility personnel, law give administrative sanctions: (a) forged, and variable made, and sale fake medical diagnosis results of; (ii) medical health institutions, and family planning technology service institutions of staff issued false medical diagnosis results of;
    (C) the use of false medical diagnosis, family planning or other related false documents.
    18th state personnel, State-owned enterprises and workers, illegal fetus gender identification and selective termination of pregnancy or for other illegal identification of fetal sex or gender choice of termination of pregnancy, by their work units or relevant administrative departments depending on the seriousness, given administrative sanctions according to law.
    19th the people's Government above the county level population and family planning, health, food and drug administrative departments and their staff, in violation of these provisions, failure to perform duties, abuse of power, favoritism, bribery, issues false certificates, spill reporting, does not constitute a crime, administrative sanctions according to law.
                                      20th article of the regulations come into force on December 1, 2005.