Nurses Regulation
Order of the State Council of the People's Republic of China
(No. 517)
Premier Wen Jiabao
January 31, 2008
Chapter I
General Provisions
Article 1 This regulation is formulated with a view to protecting the legitimate
rights and interests of nurses, regulating the nursing acts, promoting the
development of nursing cause and guaranteeing the medical safety and
physical health of people.
Article 2 The term nurses as mentioned in this Regulation refers to the
health technicians who have obtained a nurse practice certificate upon
practice registration, are engaged in nursing activities and perform the duties
of protecting lives, mitigating pains and enhancing health under this
Regulation.
Article 3 The personal dignity and safety of nurses shall not be infringed
upon. A nurse is protected by law during performing his (her) duties in
pursuance of law.The whole society shall respect nurses.
Article 4 The relevant departments of the State Council, the local people's
governments at and above the county level and the people's governments of
townships (towns) shall take measures to improve the working conditions of
nurses, guarantee the treatments to nurses, strengthen the construction of
the team of nurses and promote the sound development of the nursing cause.
The relevant department of the State Council and the local people's
governments at and above the county level shall encourage nurses to work in
rural and grassroots medical and health institutions.
Article 5 The health administrative department of the State Council shall be
responsible for the supervision and administration of nurses throughout the
country.
The health administrative departments of the people's governments at and
above the county level shall be responsible for the supervision and
administration of nurses within their respective administrative area.
Article 6 The relevant department of the State Council shall confer an
advanced worker of the national health departments or a Bethune medal on
any nurse who has made outstanding contributions to the nursing work. 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 county level and the relevant
departments thereof 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
Practice Registration
Article 7 A practicing nurse shall go through the practice registration and
obtain a practicing nurse certificate. An applicant shall satisfy the following
conditions when applying for registration as a practicing nurse:
(1) Having complete civil capacity;
(2) Having obtained a corresponding academic diploma after completing, in a
secondary vocational school or higher education institute, 3-year general
full-time study of courses in specialty of nursing or delivery, including
8-month or longer clinical nursing internship 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 practicing nurse qualification exam organized
by the health administrative department of the State Council;(4) Satisfying the
health criterions as prescribed by the health administrative department of the
State Council.
An applicant shall file an application for registration as a practicing nurse
within 3 years after he (she) passed the practicing 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 & heath institution,
which satisfies the conditions as prescribed by the health administrative
department of the State Council, and pass the evaluation.
The measures for the practicing 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 practicing nurse
registration with the health administrative department of the people's
government of the province, autonomous region or municipality directly
under the Central Government where the planned practice place is located.
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 practicing nurse
registration shall be valid for five years.
Article 9 Where a nurse changes his (her) practice place within the valid
period of practicing nurse registration, he (she) shall report it to the health
administrative department of the people's government of the province,
autonomous region or municipality directly under the Central Government
where the planned practice place is located. The health administrative
department shall handle the modification formalities for him (her) within 7
working days after it receives the report. Where a nurse changes his (her)
practice place to work as a practicing nurse in another province, autonomous
region or municipality directly under the Central Government, the 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 The nurse practicing need to continue to the expiration of the valid
period of registration, shall be registered in the nurse's practice for 30 days
prior to the expiration of the valid period of the practice to the competent
department of health of the people's governments of provinces, autonomous
regions and municipalities directly under the central government to apply for
the continuation of register. If the competent health authorities who have
received the application have the conditions stipulated in these regulations,
the term of practice registration shall remain valid for five years ; Those who
do not have the conditions stipulated in these regulations shall not be
extended, and the reasons shall be given in writing.
Where a nurse has the administrative permission law to cancel the practice
registration, the original registration department shall cancel the practice
registration in accordance with the provisions of the administrative licensing
law.
Article 11 The competent health authorities of the local people's governments
at or above the county level shall establish good records and bad records of
nurses in their respective administrative areas and record the records into the
nurse's practice information system.
The nurse's well-documented record includes the recognition, rewards and
the completion of the government's mandatory tasks . Nurse practice record
including nurses for violation of these regulations, as well as other health
management laws, regulations, rules or the diagnosis and treatment
technology norms by administrative penalty and dispose of the case.
Chapter III
Rights and Obligations
Article 12 The nurse practitioner has the right to obtain wage remuneration,
enjoy welfare benefits and participate in social insurance in accordance with
relevant regulations of the state. No unit or individual may withhold nurse's
salary, reduce or cancel the treatment of nurses' welfare.
Article 13 The nurse practitioner has the right to obtain health protection
and health care services that are compatible with the nursing work she is
engaged in . The nurses engaged in direct contact with toxic and hazardous
substances and the dangerous work of infectious diseases shall have the right
to receive occupational health guardianship in accordance with relevant laws
and administrative regulations; Those who suffer from occupational diseases
shall be entitled to compensation in accordance with relevant laws and
administrative regulations.
Article 14 The nurse has the right to the professional technical position and
professional title corresponding to my business ability and academic level
according to the relevant regulations of the state; Have the right to attend
professional training, engage in academic research and exchange, join
industry associations and professional academic groups.
Article 15 For disease diagnosis and treatment, nursing information rights
and other rights related to fulfill their duties of care, medical institutions and
health authorities can be work puts forward opinions and Suggestions.
Article 16 The practice of a nurse shall comply with the provisions of laws,
regulations, rules and treatment technical specifications.
Article 17 In the practice activities, the nurse discovers that the patient is in
critical condition and should be notified immediately. In case of emergency,
the emergency rescue should be carried out first.
If a nurse discovers that the doctor's order violates the provisions of laws,
regulations, rules or diagnostic and technical specifications, it shall be
submitted to the doctor who has prescribed the prescribed medicine; When
necessary, report to the person in charge of the physician's department or the
personnel in charge of medical service management.
Article 18 The nurse should respect, care and cherish the patient and protect
the patient's privacy.
Article 19 Nurses are obligated to participate in public health and disease
prevention and control. Natural disasters, public health events such as a
serious threat to public health emergencies, the nurse should be subject to
the competent department of health of the people's governments at or above
the county level or the arrangement of the medical and health institutions, for
medical aid.
Chapter IV
Duties of Medical and Health Institutions
Article 20 The number of nurses in medical and health institutions shall not
be lower than those prescribed by the department of health under the state
council.
Article 21 The medical and health institutions shall not allow the following
persons to engage in the nursing activities prescribed in the diagnostic and
technical specifications of this institution:
(1) Personnel who have not obtained a nurse's practice certificate;
(2) A nurse who fails to apply for a change of practice place in accordance with
the provisions of article 9 of these regulations;
(3) A nurse who has not maintained his practice registration in the period of
validity of the nurse's practice registration.
Personnel in nursing clinical practice in teaching and general hospital should
carry out relevant work under the guidance of nurses.
Article 22 Medical and health institutions should provide hygienic protective
equipment for nurses and adopt effective health protection measures and
health care measures.
Article 23 Medical institutions shall conform to the relevant state provisions,
such as salary, welfare benefits in accordance with the relevant provisions of
the state for the work in this institution engaged in nursing nurses full
specified amount pay social insurance premiums, protect the legitimate rights
and interests of the nurse.
Work hard in remote areas, or engaged in direct contact with toxic and
harmful substances, hazardous work of nurses infectious diseases infection,
in medical and health institutions shall be in accordance with the relevant
provisions of the state, give subsidies.
Article 24 The medical and health institutions shall formulate and implement
the in-service training programs for nurses and ensure that nurses receive
training.
Nurses training should pay attention to the application of new knowledge and
new technologies; According to the needs of clinical nursing development and
specialized nursing post, specialized nursing training for nurses is carried
out.
Article 25 The medical and health institutions shall, in accordance with the
provisions of the competent department of health under the state council, set
up specialized agencies or personnel who are assigned to be responsible for
the nursing management.
Article 26 The medical and health institutions shall establish a responsibility
system for nurses and supervise and inspect them.
Where a nurse has been subjected to a complaint for failing to perform his
duties or to violate professional ethics, the medical and health institution
shall conduct an investigation. If verified, the medical and health institutions
shall deal with the nurse and inform the complainant of the investigation.
Chapter V
Legal Responsibility
Article 27 Competent department of health of the staff did not perform their
duties according to these regulations, in nurses in the supervision and
administration misuse authority, practice favoritism, or have other dereliction
of duty, malpractice, given sanctions in accordance with the law ; If a crime is
constituted, criminal responsibility shall be investigated in accordance with
the law.
Article 28 If one of the following circumstances occurs in the medical and
health institutions, the competent department of health of the local people's
government at or above the county level shall, according to the division of
responsibilities, order the correction within a prescribed time limit and give a
warning ; Do not make the corrections within the time limit, according to the
regulations of the competent department of public health under the state
council of nurses with standard and legal practice at institutions for medical
treatment health subtract the number of nurses in the diagnosis and
treatment course, or suspend its under 6 months above 1 year's practice
activity;
(1) in violation of the provisions of these regulations, the number of nurses is
less than the standard prescribed by the competent department of health
under the state council;
(2) to allow the personnel has not obtained the nurse practice certificate or to
the practice site change formalities according to these regulations, continue
practicing in the validity of registered nurses in the rules and regulations of
this institution is engaged in the diagnosis and treatment technology of
nursing activities.
Article 29 If the medical and health institutions have one of the following
circumstances, they shall be punished in accordance with the provisions of
relevant laws and administrative regulations; If any of the following situations
or circumstances are serious in the medical and health institutions held by
the state, the responsible persons and other persons directly responsible shall
be punished according to law:
(1) failing to implement the state regulations on wages and welfare treatment;
(2) failing to pay social insurance expenses in full in accordance with the
relevant state regulations on nurses who are engaged in nursing work in this
institution;
(3) failing to provide hygienic protective equipment for the nurse or failing to
take effective health protection measures or medical and health measures;
(4) those nurses who have worked in the hard and remote areas or engaged in
direct contact with toxic and hazardous substances and the dangerous work
of infectious diseases have not been given allowances in accordance with
relevant state regulations.
Article 30 If one of the following circumstances occurs in the medical and
health institutions, the competent department of health of the local people's
government at or above the county level shall, according to the division of
responsibilities, order the correction within a prescribed time limit and give a
warning:
(1) failing to formulate or implement the in-service training scheme of the
nurses in this institution or failing to ensure that the nurses are trained;
(2) failing to perform the duties of the nurse in accordance with these
regulations.
Article 31 Where a nurse has one of the following circumstances in his
practice activities, the competent department of health of the local people's
government at or above the county level shall be ordered to make corrections
according to the division of responsibility, and shall be given a warning ; If the
circumstances are serious, it shall suspend its practicing activities for more
than 6 months or more, until the certificate of nurse's practice is revoked by
the original issuing department:
(1) notice that the patient is in critical condition without notifying the
physician immediately;
(2) to find that the prescribed laws, regulations, regulations or the technical
standards of the diagnosis and treatment of doctors are not submitted or
reported in accordance with the provisions of article 17 of these regulations;
(3) divulging patient privacy;
(4) unexpected incidents such as natural disasters or public health
emergencies that seriously threaten the public life and health, and do not
submit to medical care.
A nurse who causes medical malpractice in a practice activity shall bear legal
responsibility in accordance with the relevant provisions of medical
malpractice.
Article 32 The nurse who is revoked of the practice certificate shall not apply
for the practice registration within 2 years from the date of the suspension of
the practice certificate.
Article 33 Disturbance of medical order and prevent the nurse practice
activities according to law, insult, threats, beatings, nurse, or have other
infringing on lawful rights and interests behavior of the nurse, by the public
security organs shall be punished in accordance with the provisions of the law
on public security administration punishments given ; If a crime is
constituted, criminal responsibility shall be investigated in accordance with
the law.
The Code of Ethics for Nurses
Of the Peoples Republic of China
Article 1: the nurse should observe the humanitarian spirit of rescue and
death, and perform the professional duties of protecting life, alleviating
suffering and improving health.
Article 2: the nurse should treat the patient equally, respect the patient and
safeguard the patients health rights and interests.
Article 3: the nurse should provide medical care for the patient, assist in
completing the diagnosis and treatment plan, carry out the health education,
and provide psychological support.
Article 4: the nurse shall perform the duties of the post, be rigorous and careful,
and be responsible for the personal nursing judgment and professional
conduct.
Article 5: the nurse should care for the patient and protect the patient's
privacy.
Article 6: when the nurse finds that the patient's life security is under threat,
the nurse should take active protective measures.
Article 7: the nurse should take an active part in public health and health
promotion activities and participate in medical care during emergencies.
Article 8: the nurse should strengthen study, improve the practice ability and
adapt to the development of medical science and nursing profession.
Article 9: the nurse should join the nursing professional group actively to
participate in the development of nursing professional development.
Article 10: the nurse shall establish a good relationship with other medical
workers. Cooperate closely and work together.
