Administrative Measures for Diagnosis and Identification of Occupational Diseases
Administrative Measures for Diagnosis and Identification of Occupational Diseases
Administrative Measures for Diagnosis and Identification of Occupational Diseases
Order of Ministry of Health No. 91
February 19, 2013
The Administrative Measures for Diagnosis and Identification of Occupational Diseases, adopted by the Official Meeting of the Ministry of Health on January 9, 2013, are hereby promulgated and shall enter into force as of April 10, 2013.
Chen Zhu, Minister of Health
Administrative Measures for Diagnosis and Identification of Occupational Diseases
Chapter I General Principles
Article 1 These Measures are formulated in accordance with the Law on the Prevention and Treatment of Occupational Diseases of the People's Republic of China (hereinafter the "Law on the Prevention and Treatment of Occupational Diseases") in order to regulate, enhance and administrate the diagnosis and identification of occupational diseases.
Article 2 The diagnosis and identification of occupational diseases shall be conducted in accordance with the Law on the Prevention and Treatment of Occupational Diseases, the relevant provisions of these Measures, and the national criteria on the diagnosis of occupational diseases and observe the principles of science, justice, timeliness, and convenience for the people.
Article 3 The establishment of institutions for the diagnosis of occupational diseases shall accommodate the actual demand for the prevention and treatment of occupational diseases, make full use of the existing medical care resources, and realize the regional coverage.
Article 4 The local governments shall strengthen the construction of institutions for the diagnosis of occupational diseases, provide the necessary conditions, and supply the relevant personnel, equipment, and funds, so as to satisfy the demand for diagnosis of occupational diseases.
Chapter II Diagnosis Institutions
Article 5 The health authorities of the provinces, autonomous regions, and municipalities (hereinafter the "provincial health authority") shall plan the establishment of institutions for the diagnosis of occupational diseases in line with the prevention and treatment of occupational diseases in their respective jurisdictions, and implement the plans after obtaining approval from the provincial government.
Article 6 The institutions for the diagnosis of occupational diseases shall satisfy the following conditions:
1. have the Practicing License for a Medical Care Institution;
2. have the corresponding categories of medical care services as well as the necessary physicians specialized in occupational diseases and other relevant medical technicians for conducting the diagnosis of occupational diseases;
3. have the necessary premises, instruments, and equipment for conducting the diagnosis of occupational diseases;
4. have a sound system of quality management for the diagnosis of occupational diseases.
Article 7 Medical care institutions shall, when applying to perform diagnosis of occupational diseases, submit the following material to the provincial health authority:
1. Application for Recognition as an Institution for the Diagnosis of Occupational Diseases;
2. The Practicing License of Medical Care Institution and a carbon copy of its duplicate;
3. Scope of medical care services related to the application for the diagnosis of occupational diseases and other relevant material;
4. Information about physicians specialized in occupational diseases and other relevant medical technicians for conducting the diagnosis of occupational diseases;
5. List of premises, instruments, and equipment related to the application for the diagnosis of occupational diseases;
6. Relevant material about the system of quality management for the diagnosis of occupational diseases;
7. Other material required by the provincial health authority.
Article 8 The provincial health authority shall, after receiving the application material, decide whether to accept the application within five business days; if it decides to decline the application, it shall state the reason therefor and notify the applicant in writing.
After deciding to accept an application, the provincial health authority shall timely organize a panel of experts to conduct a technical appraisal. The panel of experts shall complete and submit their technical appraisal report within 60 days after the application is accepted by the health authority and undertake responsibilities for the technical appraisal report submitted.
Article 9 The provincial health authority shall, within 20 business days after receiving the technical appraisal report, decide whether to approve the application.
It shall issue the approval certificate for an institution for diagnosis of occupational diseases to the approved applicants; if it refuses to grant approval, it shall state the reason therefor and notify the applicant in writing.
The approval certificate for an institution for diagnosis of occupational diseases shall be valid for five years.
Article 10 If the institution for diagnosis of occupational diseases needs to renew the validity period of the approval certificate for an institution for diagnosis of occupational diseases, it shall apply to the original approval authority for the renewal 30 days before the validity period of the approval certificate expires. The approval certificate may be renewed after it is verified by the original approval authority.
Article 11 The public medical care institutions satisfying the requirements under Article 6 hereof may apply to perform diagnosis of occupational diseases.
If no medical care institution applies to perform diagnosis of occupational diseases in a city divided into districts, the provincial health authority shall, in accordance with the demand for diagnosis of occupational diseases, appoint a public medical care institution to undertake the diagnosis of occupational diseases and enable it to satisfy the requirements under Article 6 hereof.
Article 12 The institutions for diagnosis of occupational diseases shall perform the following functions:
1. Conduct the diagnosis of occupational diseases within the approved scope for diagnosis of occupational diseases;
2. Report the occupational diseases;
3.
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