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Nurses Regulation (2020 Revision PKULAW Version) [Effective]
护士条例(2020修订) [现行有效]
【法宝引证码】

Nurses Regulation 

护士条例

(Promulgated by the Order No.517 of the State Council of the People's Republic of China on January 31, 2008; and revised in accordance with the Decision of the State Council to Amend and Repeal Certain Administrative Regulations on March 27, 2020) (2008年1月31日中华人民共和国国务院令第517号公布 根据2020年3月27日《国务院关于修改和废止部分行政法规的决定》修订)

Chapter I General Provisions 

第一章 总则

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.   第一条 为了维护护士的合法权益,规范护理行为,促进护理事业发展,保障医疗安全和人体健康,制定本条例。
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.   第二条 本条例所称护士,是指经执业注册取得护士执业证书,依照本条例规定从事护理活动,履行保护生命、减轻痛苦、增进健康职责的卫生技术人员。
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.   第三条 护士人格尊严、人身安全不受侵犯。护士依法履行职责,受法律保护。
The whole society shall respect nurses. 全社会应当尊重护士。
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.   第四条 国务院有关部门、县级以上地方人民政府及其有关部门以及乡(镇)人民政府应当采取措施,改善护士的工作条件,保障护士待遇,加强护士队伍建设,促进护理事业健康发展。
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. 国务院有关部门和县级以上地方人民政府应当采取措施,鼓励护士到农村、基层医疗卫生机构工作。
Article 5 The health department of the State Council shall be responsible for the supervision and administration of nurses throughout the country.   第五条 国务院卫生主管部门负责全国的护士监督管理工作。
The health 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. 县级以上地方人民政府卫生主管部门负责本行政区域的护士监督管理工作。
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.   第六条 国务院有关部门对在护理工作中做出杰出贡献的护士,应当授予全国卫生系统先进工作者荣誉称号或者颁发白求恩奖章,受到表彰、奖励的护士享受省部级劳动模范、先进工作者待遇;对长期从事护理工作的护士应当颁发荣誉证书。具体办法由国务院有关部门制定。
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. 县级以上地方人民政府及其有关部门对本行政区域内做出突出贡献的护士,按照省、自治区、直辖市人民政府的有关规定给予表彰、奖励。
Chapter II Practice Registration 

第二章 执业注册

Article 7 A practicing nurse shall go through the practice registration and obtain a practicing nurse certificate.   第七条 护士执业,应当经执业注册取得护士执业证书。
An applicant shall satisfy the following conditions when applying for registration as a practicing nurse: 申请护士执业注册,应当具备下列条件:
(1) Having complete civil capacity; (一)具有完全民事行为能力;
(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 department of the State Council; (二)在中等职业学校、高等学校完成国务院教育主管部门和国务院卫生主管部门规定的普通全日制3年以上的护理、助产专业课程学习,包括在教学、综合医院完成8个月以上护理临床实习,并取得相应学历证书;
(3) Having passed the practicing nurse qualification exam organized by the health department of the State Council; and (三)通过国务院卫生主管部门组织的护士执业资格考试;
(4) Satisfying the health criterions as prescribed by the health department of the State Council. (四)符合国务院卫生主管部门规定的健康标准。
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 department of the State Council, and pass the evaluation. 护士执业注册申请,应当自通过护士执业资格考试之日起3年内提出;逾期提出申请的,除应当具备前款第(一)项、第(二)项和第(四)项规定条件外,还应当在符合国务院卫生主管部门规定条件的医疗卫生机构接受3个月临床护理培训并考核合格。
The measures for the practicing nurse qualification exam shall be formulated by the health department of the State Council jointly with the personnel department of the State Council. 护士执业资格考试办法由国务院卫生主管部门会同国务院人事部门制定。
Article 8 An applicant shall file an application for practicing nurse registration with the health department that approves the formation of the medical institution where a nurse intends to practice or grants the recordation of such a medical institution. The health 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.   第八条 申请护士执业注册的,应当向批准设立拟执业医疗机构或者为该医疗机构备案的卫生主管部门提出申请。收到申请的卫生主管部门应当自收到申请之日起20个工作日内做出决定,对具备本条例规定条件的,准予注册,并发给护士执业证书;对不具备本条例规定条件的,不予注册,并书面说明理由。
The practicing nurse registration shall be valid for five years. 护士执业注册有效期为5年。
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 department that approves the formation of the medical institution where a nurse intends to practice or grants the recordation of such a medical institution. The health 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 department which receives his (her) report shall inform the original registration department.   第九条 护士在其执业注册有效期内变更执业地点的,应当向批准设立拟执业医疗机构或者为该医疗机构备案的卫生主管部门报告。收到报告的卫生主管部门应当自收到报告之日起7个工作日内为其办理变更手续。护士跨省、自治区、直辖市变更执业地点的,收到报告的卫生主管部门还应当向其原注册部门通报。
Article 10 Where a 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 practicing nurse registration, file a registration renewal application with the health department that approves the formation of the medical institution where a nurse practices or grants the recordation of such a medical institution. The health 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.   第十条 护士执业注册有效期届满需要继续执业的,应当在护士执业注册有效期届满前30日向批准设立执业医疗机构或者为该医疗机构备案的卫生主管部门申请延续注册。收到申请的卫生主管部门对具备本条例规定条件的,准予延续,延续执业注册有效期为5年;对不具备本条例规定条件的,不予延续,并书面说明理由。
Where a nurse is under a deregistration circumstance as prescribed in provisions on administrative licensing, the original registration department shall cancel his (her) registration. 护士有行政许可法规定的应当予以注销执业注册情形的,原注册部门应当依照行政许可法的规定注销其执业注册。
Article 11 The health department of the local people's government at and above the county level shall establish good records and bad records of nurses within their respective administrative area and put such records into the information system of practices of nurses.
......
   第十一条 县级以上地方人民政府卫生主管部门应当建立本行政区域的护士执业良好记录和不良记录,并将该记录记入护士执业信息系统。
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