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Nurses Regulation
2010/8/13 20:38:00

Chapter I General Provisions
Article 1 This Regulation is formulated to protecting the legitimate rights and interests of nurses, regulating the nursing acts, promoting the development of nursing and guaranteeing the health care service security and the human health.
Article 2 The term "nurses" as mentioned in this Regulation refers to the health technicians who have obtained a registered nurse practicing certificate, are engaged in nursing activities and perform the duties of protecting lives, relieving suffering and promoting health.
Article 3 The personal dignity and safety of nurses shall not be offended. A nurse is protected by law during performing his (her) duties.
The whole society shall respect nurses.
Article 4 The relevant departments of the State Council, the local people's governments at and above the cuunty level and the people's governments of townships (towns) should take measures to improve the working conditions of nurses, guarantee the treatments to nurses, strengthen the construction of the contingent of nurses and promote the development of the nursing cause.
The relevant department of the State Council and the local people's governments at and above the cuunty level shall encourage nurses to work in rural and grassroots health care organizations.
Article 5 The health authorities of the State Council are responsible for the supervision and administration of nurses throughout the cuuntry.
The health administrative departments of the people's governments at and above the cuunty level are responsible for the supervision and administration of nurses within their respective administrative area.
Article 6 Relevant departments of the State Council shall the nurses who made an outstanding contribution to the nursing work the honorary title of advanced workers or Bethune Medals. A commended or awarded nurse is entitled to enjoy treatments to model workers or advanced workers at the provincial or ministerial level. A nurse who is engaged in the nursing work for a long term shall be granted an honorary certificate. The measures in detail shall be formulated by the relevant department of the State Council.
The local people's governments at and above the cuunty level and the relevant departments shall commend and award the nurses who have made outstanding contributions within their respective administrative area under pertinent provisions of the people's government of the province, autonomous region or municipality directly under the Central Government.

Chapter II  Practitioners Registration
Article 7 Nurse practitioners shall go through the practice registration and obtain a practicing nurse certificate.
An applicant shall satisfy the following qualifications when applying for practice registration as a practicing nurse:
(1) Having complete civil capacity;
(2) Having obtained a corresponding education diploma after completing, 3-year full-time study of courses of nursing or midwifery in a secondary vocational school or higher education institute, including 8-month or longer clinical nursing practice in a teaching or comprehensive hospital, as required by the education administrative department of the State Council and the health administrative department of the State Council;
(3) Having passed the nurse qualification exam organized by the health administrative department of the State Council; and
(4) Satisfying the health requires as prescribed by the health administrative department of the State Council.
An applicant shall file an application for registration within 3 years after he (she) passed the nurse qualification exam. If he (she) fails to file an application within the time limit, he (she) shall, besides the conditions as described in Items (1), (2) and (4) of the preceding paragraph, accept 3-month clinical nursing training in a medical institution, which satisfies the conditions as prescribed by the health administrative department of the State Council, and pass the evaluation.
The administration for the nurse qualification exam shall be formulated by the health administrative department of the State Council jointly with the personnel department of the State Council.
Article 8 An applicant shall file an application for nurse registration with the health administrative department of the local government of the province, autonomous region or municipality directly under the Central Government. The health administrative department shall make a decision within 20 working days after it receives the application. It shall approve the registration if the applicant meets the requirements as described in this Regulation or disapprove the registration if the applicant does not meet the requirements as listed in this Regulation and make a written explanation.
The nurse registration shall be valid for five years.
Article 9 A registered nurse changes his (her) work place within the valid period of nurse registration, he (she) shall report it to the health administrative department of the local government of the province, autonomous region or municipality directly under the Central Government. The health administrative department shall handle the modification formalities for him (her) within 7 working days after it receives the report. If the changeable place is in another province, autonomous region or municipality directly under the Central Government, the local health administrative department which receives his (her) report shall inform the health administrative department of the province, autonomous region or municipality directly under the Central Government where his (her) former practice place is located.
Article 10 Where a registered nurse needs to continue his (her) practices when his (her) valid period of practicing nurse registration expires, he (she) shall, 30 days prior to the expiration of the valid period of nurse registration, file a registration renewal application with the health administrative department of the province, autonomous region or municipality directly under the Central Government. The health administrative department shall approve the renewal if the applicant satisfies the conditions as listed in this Regulation or disapprove the renewal if the applicant does not meet the conditions as listed in this Regulation and make a written explanation.
Where a registered nurse is under a deregistration circumstance as prescribed in provisions on administrative licensing, the original registration department shall cancel his (her) registration.
Article 11 The health administrative department of the local government at and above the cuunty level shall establish good records and bad records of nurses within their respective administrative area and put such records into the information system of nurses.
The good records of a nurse include the commendations, awards, his (her) completion of the tasks commanded by the government and so on. The bad records of a nurse include the administrative punishments, sanctions imposed on him (her) for his (her) violation of this Regulation, laws, other regulations and rules governing health administration, medical technical standards, etc.

Chapter III Rights and Obligations
Article 12 A registered nurse is entitled to obtain wage, enjoy welfare and participate in social insurance program under pertinent provisions of the State. No entity or individual may skimp wage to nurses, lower or cancel the welfare or other rights to nurses.
Article 13 A registered nurse is entitled to get occupational safety and protection, health care services. A nurse, who is directly exposed to toxic or harmful substances or to danger of infectious diseases, is entitled to accept the occupational protection under relevant laws and administrative regulations. If he (she) suffers from an occupational disease, he (she) is entitled to get compensations under relevant laws and administrative regulations.
Article 14 A nurse is entitled, under relevant provisions of the state, to obtain professional technical titles corresponding to his (her) own professional capabilities and academic level, to participate in professional training, to conduct and communicate academic research, and to join associations and professional academic groups.
Article 15 A nurse is entitled to get information about disease diagnoses and treatments as well as nursing, to enjoy other rights corresponding to the performance of nursing duties, and to put forward proposals and suggestions on the work of medical and health institutions and health administrative departments.
Article 16 A practicing nurse shall comply with the laws, regulations, rules and diagnosis and treatment technical norms.
Article 17 Where a nurse, during his (her) practice, finds that a patient is in a severe and urgent condition, he (she) immediately inform the doctor; in an emergency, he (she) shall first take necessary urgent rescue measures to save the life of the patient in danger.
When a nurse find that doctor's advice is disobey laws, regulations, rules and diagnosis and treatment technical norms, he (she) shall bring forward to the doctor who make the advice; he (she) shall also report to the manager of the section or staff in charge of health service management in medical and health institutions and health administrative departments if necessary.
Article 18 A nurse shall respect and take good care of patients. He (she) shall protect privacy of patients.
Article 19 A nurse has the obligation to attend the work of public health and disease prevention. He (she) shall obey the arrange of governmental medical and health institutions and health administrative departments above cuunty level when emergency affairs occurred such as disaster and public health affairs which can threaten the public health. He (she) shall join to rescue.

Chapter 4  Responsibilities of medical and health institutions
Article 20 Quantity of nurses in medical and health institutions can not less than the standard of regulations planned by health administrative departments of the State Council.
Article 21 Followed staff are not allowed to practice nursing in medical and health institutions:
(1) Has no certification of nursing
(2) Has not change place of nursing practice procedure as Article 9
(3) Registration of nursing is overdue but not transect
Practice nurse shall work under guidance of registered nurses.
Article 22 Medical and health institutions shall provide health protective articles and take effective health protection and medical care methods.
Article 23 Medical and health institutions shall executive regulations of wages and welfare. They shall pay full fees of social assurance for nurses woke in the institution and protect their legal rights.
A nurse, who is directly exposed to toxic or harmful substances or to danger of infectious diseases shall be given subsidies by medical and health institutions according to nation regulations.
Article 24 Medical and health institutions shall constitute and implement in-service training program for nurses. They shall also insure nurses to accept training.
Nursing training program shall focus on application of new knowledge and new technology. They shall develop specific nursing training according to clinical professional nursing development and professional nursing station's needs.
Article 25 Medical and health institutions shall set specific institution or employ special staff to take charge in nursing management.
Article 26 Medical and health institutions shall build workset and supervise it.
While a nurse doesn't implement responsibilities or be complaint for disobeying professional morality, medical and health institution shall investigate. If it is true, medical and health institution shall dispose to this nurse and report instance to accuser.

Chapter 5  Responsibilities of laws
Article 27 Staff work in health administrative departments not implement responsibilities as regulations, bend the law for personal gain and engage in fraud, misconduct and breach in office, should be punished. If offending the law, he (she) should bear criminal responsibility.
Article 28 While medical and health institution do one thing as followed, governmental medical and health institutions and health administrative departments above cuunty level shall give alarm to them and ask them to correct in time. If they not correct health administrative departments shall decrease the number of clinical items according to nurse setting standard which health administrative departments of the State Council regulate or stop them to practice for 6 months to 1 year. If do one thing as followed seriously, the director and other managers of medical and health institution should be punished:
(1) Number of nurses is less than standard which health administrative departments of the State Council regulate;
(2) Allow nurses who has no certification of nursing, not change place of nursing practice procedures, overdue but not transect the registration of nursing to practice nursing in medical and health institution.
Article 29 While medical and health institution do one thing as followed, it should be punished according to relevant laws and administrative regulations. If do one thing as followed seriously, the director and other managers of medical and health institution should be punished:
(1) not implement regulations about wages and welfare;
(2) not pay full fees of social assurance for nurses work in the institution and protect their legal rights.
(3) Not provide health protection equipment,or do not impliment protection caution.
(4) Not provide subsidy for nurses working at remote area, or working with toxic materials or have the risk for infecting infection disease.
Article 30 In cases when one of the following situations exists in a medical/health institution, the competent health administrative departments of local people's governments at or above the cuunty level shall issue an order to correct the violations by a deadline and give a warning:
(1) The on-the- job training plan for nurses does not be established, carried out or nurses training are not guaranteed;
(2) The administrative responsibility is not be carried out according to the regulations;
Article 31 In cases when one of the following situations exists in the nursing practice, the competent health administrative departments of local people's governments at or above the cuunty level shall issue an order to correct the violations by a deadline and give a warning; for the severe cases, the operation license and business permit shall be suspended for 6 months to 1 year or even revoked by the departments that issue the business permit or the operation license:
(1) discovering state of illness of a patient severe but not inform the physician immediately; 
(2) discovering doctor's advice against law, statute, regulation or diagnosis and treat technical criterion, but do not bring forward or report according to article 17;
(3) leaking patients' intimacy;
(4) disobey the arrangement to take part in medical rescue when incidents which threaten public life and health such as natural disaster ,public health event break out.
 If medical accident is aroused in nursing practice, nurses should take on criminal liability according to regulations related to medical accident disposal.
Article 32 Nurses with operation license revoked can not apply for enrollment in 2 years from the day operation license being revoked on.
Article 33 In cases when medical order is disturbed, or nurses' legal practice was interfered, or nurses are insulted, threatened, assaulted and battery, or other action invading nurses' legal rights and benefits exist, punishments shall be imposed by public security departments according to the Regulation on Public Security. If a crime is committed, criminal liabilities shall be investigated according to relevant laws.
                           
Chapter 6 Supplementary Provisions
Article 34 Nurses with operation license or certain nursing professional technical title and pursuing nursing practice according to national relevant Regulations before this Regulation enter into force should exchange nursing operation license after passing the auditing of the competent health administrative departments of local people's governments.
Medical/health institutions that do not measure up the nursing equipment standard should match this standard according to the prescriptive steps of health administrative departments of State Department in 3 years after this Regulation enter into force.
Article 35 This Regulation shall enter into force since May 12, 2008.

Guaranteeing nurses' legal rights and interests, standardizing nurses' behavior and promoting development of nursing career
———Principal of Legal Affairs Office of State Department replied reporters as regards Regulation for Nurses
Regulation for Nurses(hereinafter to be referred as Regulation) has been through on January 23, 2008, the 206th State Council executive meeting. Principal of Legal Affairs Office of State Department replied reporters as regards Regulation for Nurses.
Question: Why did State Department establish the specific regulation for nurses?
Answer: Nursing is one of medical and care activities dealing with maintaining and promoting human health which characterized in specialty and service. Nursing in our cuuntry has developed greatly recently with development of medical and health and played an active role in maintaining and promoting public health. At the same time, there are some problems existing in nursing field which can not be ignored and the main aspects are shown as the following:
Firstly, nurses' legal rights and interests are lack of juristic guarantee. Nursing profession is lack of enough attraction and nursing team can not meet the demands of public for nursing service. Under the condition of personnel system reform, the old and new system exist at the same time, and some medical/health institutions take two sets of management systems to hire formal and temporary nursing staff  at the same time. In order to reduce nursing manpower cost, they decrease the number of formal nursing staff while increase the number of temporary nursing staff at the same time. Temporary nursing staff  in some medical/health institutions have not the rights to  take part in continual education and can not get their title rising, also they can't enjoy the stated vacation. These problems does not only violate nurses' labor rights, but also affect stability of nursing team severely which all go against the development of nursing career and against providing high-quality nursing care.
Secondly, some nurses can't do their nursing duty comprehensively and strictly, they ignore basic nursing work and are lack of consciousness of serving actively. These all lead to the relationship between nurses and patients tense up, affect medical quality and even lead to medical accidents. Few nurses don't carry out the patient-centered philosophy completely and their attitude towards patients is not passional. Nursing in some hospitals are too simplified and nurses there only pay attention to execute doctor's advice and do such work as injection and medication, while other work such as observing changes in patient's condition, patrolling wards, basic nursing, daily life caring, psychological and mental health caring, rehabilitation instruction, communication with patients and so on are ignored.
    Thirdly, some medical/health institutions pay much attention on medical treatment but little attention on nursing. The number of nursing staff is reduced optionally, and doctor-nurse ratio is severe maladjusted. Some hospitals even held such opinion that nurses can not bring great economic benefits for the hospitals, as a result, nursing team construction and nursing development are not included in the development programming of the whole hospitals. Because nurses in wards are few and can not satisfy patients' demands for daily life caring, the quality of basic nursing can not be guaranteed. In order to meet the needs for patients' daily life caring, hospitals allow them to hire nursing workers, but this kind of intervention brings potential safety problems at the same time,
To maintain the nurses' lawful rights, standardize health-care behavior, promote the harmonious relationship between nurses and patients, and safeguard healthcare safety, it is primitive to formulate the nursing regulations.

Question:
What are the guidelines for this regulation?
Answer:
There are three guidelines for the regulation:
1. To safeguard nurses' lawful rights in a wide scale. To stimulate the enthusiasms of the nurses by specifying their rights and regulating measures to award outstanding nurses; to encourage qualified candidates to engage in nursing work. To form the atmosphere of respecting and caring about nurses.
2. To standardize the practice of nursing. To specify legal liability in case of violations of laws and regulations by refining nurses' lawful obligations and practice. To encourage nurses to serve people with heart and soul.
3. To strengthen the sense of duties of the medical organizations. By regulating the duties of these organizations in various aspects to urge the medical organizations to enforce the improvement of nursing team, and safeguard their lawful rights, standardize nursing practice.
Question:
 What qualifications are required for the nursing work?
Answer:
 To ensure the nurses engaged in healthcare are well-qualified, the regulation defines that they cannot carry out the practice until they have received the specific training and obtain the registered certificate for professional nursing. To apply for the registration, the candidates are required to fulfill: 1. full capacity for full civil conduct; 2. completion of required courses by Ministry of Education and Ministry of Public Health in three years or over full time vocational schools or colleges, plus eight months or over clinical practice in teaching or general hospitals. 3. pass the examination for the certificate of nursing; 4. in accordance with the healthy standards established by the Ministry of Public Health.

Question:
 To stabilize the nursing team and encourage people to engage in this job, what items are presented in the regulation?
Answer:
 For the healthy development of the course of nursing, the regulation puts emphasis on the duty of government: the concerning departments of the National Government, and local governments above cuunty level are supposed to take measures to improve nurses' working conditions and secure their welfare. In addition, the regulation stresses on the lawful rights and awards enjoyed by the nurses.
 With regard to the lawful rights, the regulation refines that nurses are entitled:
1. to obtain wages and rewards, to enjoy welfare and social insurance according to the related regulations issued by Labor and Social Security Department and Ministry of Labor, -- Insurance Regulations regarding Industrial Injuries, Decision on Establishing for Employee Basic Medical Insurances System for Urban Enterprise Employees. 
2. to receive health protective articles and effective health protection and medical care methods. For those who are directly exposed to toxic or harmful substances or to danger of infectious diseases shall be given subsidies by medical and health institutions according to nation regulations.
3. to enjoy the rights to obtain the professional qualifications in accordance with concerning national regulations and the rights to participate in professional training, academic exchange and specialized associations.
4. to get information about disease diagnoses and treatments as well as nursing, to enjoy other rights corresponding to the performance of nursing duties, and to put forward proposals and suggestions on the work of medical and health institutions and health administrative departments.

Regarding the rewarding methods, honors and medals shall be granted to the nurses who have made great contributions, in addition, they are also able to enjoy the equal treatments as provincial modal workers; for the nurses with long term service, certificates of honors shall be granted.

Question:
What items are presented in the regulation to standardize health-care behavior, and promote the harmonious relationship between nurses and patients?
To standardize health-care behavior, promote the harmonious relationship between nurses and patients, nurses are supposed to take up the following responsibilities:
1. to abide by laws, regulations and technical codes, which are the fundamental rules for nursing. For example, nurses are expected to follow the technical codes while carrying out the nursing practice, to provide sound environments, to listen to patients and their relatives' suggestions so as to improve the healthcare service. To pay attention to the communication with doctors, conduct healthcare education and guide people to form correct concept of health and cultivate healthy behavior, to promote regional and national
2. to inform doctors immediately once nurses found the patients' condition is deterion ; to provide necessary emergency treatment when patients' life is in danger.
3. Once nurses found doctor order violate law, regulation or treatment code, they should ask explanation from doctors who wrote the order; if necessary, nurses should report to people who in charge of department or health organization.
4. respect and caring for patients, protect patients' privacy. Basically, those attitude will build mutual trust between nurses and patients.
5. take part in public health and disease prevention work. Nurses should abide with health organization when nature disaster or public health happens.
Questions: What kind of responsibilities does the medical organization assume in terms of normal nursing behaviors, the protection of the legal rights and interests of nurses, the promotion of the development of the nursing career ?
Answer: The regulation demonstrates three types of functions of the medical organization
 
First, reasonable equipotent of nurses based on the requirement of the Health Department .The number of the nurses should not less than that regulated by the Health Department. The medical regulations which have not reached the requirement should equip with a proper number of nurses in three years since the implement of the regulation.
 Second ,the protection of the legal rights and interests of nurses (1) provide the nurses with protective equipment (2)pay for the insurance premium based on the regulation for the nurses working for the medical organization(3)grant regulated allowances to the nurses working in the outlying areas , or in the poisonous and harmful fields.(4) institute the training programs for the nurses  
 Third: reinforce the management of the nurses (1) establish special sections or assign professional(part-time) personnel to charge the management (2)establish the responsibility system of posts to normalize the behaviors of the nurses. 

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