KYB CHINA(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)
(Promulgated by Decree No. 517 of the State Council of the People's Republic of China on January 31, 2008, and amended in accordance with the Decision of the State Council on Amending and Repealing Certain Administrative Regulations on March 27, 2020)
总则
General Provisions
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。
This Regulation is formulated to protect the legitimate rights and interests of nurses, standardize nursing practices, promote the development of nursing, and ensure medical safety and human health.
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。
For the purposes of this Regulation, 'nurse' refers to a health technical personnel who has obtained a nurse practice certificate through practice registration, engages in nursing activities in accordance with this Regulation, and fulfills the duties of protecting life, alleviating pain, and promoting health.
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 personal dignity and personal safety of nurses shall not be violated. Nurses who perform their duties according to law shall be protected by law.
全社会应当尊重护士。
The whole society shall respect nurses.
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 departments of the State Council, the local people's governments at or above the county level and their relevant departments, and the people's governments of townships (towns) shall take measures to improve the working conditions of nurses, guarantee the treatment of nurses, strengthen the construction of the nursing team, and promote the healthy development of nursing.
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。
The relevant departments of the State Council and the local people's governments at or above the county level shall take measures to encourage nurses to work in rural areas and primary medical and health institutions.
国务院卫生主管部门负责全国的护士监督管理工作。
The health administrative department of the State Council shall be responsible for the supervision and management of nurses nationwide.
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。
The health administrative departments of the local people's governments at or above the county level shall be responsible for the supervision and management of nurses within their respective administrative regions.
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 relevant departments of the State Council shall confer the honorary title of Advanced Worker of the National Health System or award the Bethune Medal to nurses who have made outstanding contributions in nursing work. Nurses who are commended and rewarded shall enjoy the treatment of provincial and ministerial-level model workers and advanced workers. Honorary certificates shall be issued to nurses who have been engaged in nursing work for a long time. Specific measures shall be formulated by the relevant departments of the State Council.
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。
The local people's governments at or above the county level and their relevant departments shall commend and reward nurses who have made outstanding contributions within their respective administrative regions in accordance with the relevant provisions of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.
执业注册
Practice Registration
护士执业，应当经执业注册取得护士执业证书。
To practice as a nurse, one must obtain a nurse practice certificate through practice registration.
申请护士执业注册，应当具备下列条件：
To apply for nurse practice registration, the following conditions must be met:
(一)具有完全民事行为能力；
(1) Having full civil capacity;
(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；
(2) Having completed a regular full-time nursing or midwifery professional course of study of three years or more in a secondary vocational school or institution of higher education, as prescribed by the education administrative department of the State Council and the health administrative department of the State Council, including a clinical nursing internship of eight months or more in a teaching or general hospital, and having obtained the corresponding academic certificate;
(三)通过国务院卫生主管部门组织的护士执业资格考试；
(3) Having passed the nurse practice qualification examination organized by the health administrative department of the State Council;
(四)符合国务院卫生主管部门规定的健康标准。
(4) Meeting the health standards prescribed by the health administrative department of the State Council.
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。
An application for nurse practice registration shall be submitted within three years from the date of passing the nurse practice qualification examination. If the application is submitted after the time limit, in addition to meeting the conditions specified in items (1), (2), and (4) of the preceding paragraph, the applicant must also undergo three months of clinical nursing training in a medical and health institution that meets the conditions prescribed by the health administrative department of the State Council and pass the assessment.
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。
The measures for the nurse practice qualification examination shall be formulated by the health administrative department of the State Council jointly with the personnel department of the State Council.
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。
An applicant for nurse practice registration shall submit an application to the health administrative department that approved the establishment of the intended practice medical institution or that filed the medical institution. The health administrative department receiving the application shall make a decision within 20 working days from the date of receiving the application. If the conditions prescribed in this Regulation are met, registration shall be granted and a nurse practice certificate shall be issued; if the conditions are not met, registration shall be denied and the reasons shall be provided in writing.
护士执业注册有效期为5年。
The validity period of nurse practice registration is five years.
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。
If a nurse changes the practice location within the validity period of the practice registration, the nurse shall report to the health administrative department that approved the establishment of the intended practice medical institution or that filed the medical institution. The health administrative department receiving the report shall complete the change procedures within seven working days from the date of receiving the report. If a nurse changes the practice location across provinces, autonomous regions, or municipalities directly under the Central Government, the health administrative department receiving the report shall also notify the original registration department.
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。
If a nurse needs to continue practicing after the expiration of the validity period of the practice registration, the nurse shall apply for renewal of registration to the health administrative department that approved the establishment of the practice medical institution or that filed the medical institution 30 days before the expiration of the validity period. The health administrative department receiving the application shall grant renewal if the conditions prescribed in this Regulation are met, and the validity period of the renewed practice registration is five years; if the conditions are not met, renewal shall be denied and the reasons shall be provided in writing.
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。
If a nurse has circumstances under the Administrative License Law that warrant cancellation of practice registration, the original registration department shall cancel the practice registration in accordance with the Administrative License Law.
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。
The healthcompetent authority of the local people's government at or above the county level shall establish a record of good practice and a record ofnon-performing practice for nurses within its administrative region, and shall record such records in the nurse practice information system.
护士执业良好记录包括护士受到的表彰、奖励以及完成政府指令性任务的情况等内容。护士执业不良记录包括护士因违反本条例以及其他卫生管理法律、法规、规章或者诊疗技术规范的规定受到行政处罚、处分的情况等内容。
The record of good practice for nurses includes commendations, awards, and completion of government-assigned tasks. The record ofnon-performing practice for nurses includes administrative penalties and sanctions imposed for violations of this Regulation and other health management laws, regulations, rules, or diagnostic and treatment technical specifications.
权利和义务
Rights and Obligations
护士执业，有按照国家有关规定获取工资报酬、享受福利待遇、参加社会保险的权利。任何单位或者个人不得克扣护士工资，降低或者取消护士福利等待遇。
In practicing nursing, a nurse has the right to receive wages, enjoy welfare benefits, and participate in social insurance in accordance with relevant state regulations. No unit or individual may deduct a nurse's wages or reduce or cancel a nurse's welfare benefits.
护士执业，有获得与其所从事的护理工作相适应的卫生防护、医疗保健服务的权利。从事直接接触有毒有害物质、有感染传染病危险工作的护士，有依照有关法律、行政法规的规定接受职业健康监护的权利；患职业病的，有依照有关法律、行政法规的规定获得赔偿的权利。
In practicing nursing, a nurse has the right to obtain health protection and medical care services commensurate with the nursing work performed. A nurse engaged in work directly involving toxic or hazardous substances or at risk of infectious diseases has the right to receive occupational health monitoring in accordance with relevant laws and administrative regulations; if suffering from an occupational disease, the nurse has the right to receive compensation in accordance with relevant laws and administrative regulations.
护士有按照国家有关规定获得与本人业务能力和学术水平相应的专业技术职务、职称的权利；有参加专业培训、从事学术研究和交流、参加行业协会和专业学术团体的权利。
A nurse has the right to obtain professional technical positions and titles corresponding to their professional ability and academic level in accordance with relevant state regulations; the right to participate in professional training, engage in academic research and exchange, and joinindustry association and professional academic groups.
护士有获得疾病诊疗、护理相关信息的权利和其他与履行护理职责相关的权利，可以对医疗卫生机构和卫生主管部门的工作提出意见和建议。
A nurse has the right to obtain information related to disease diagnosis, treatment, and nursing, and other rights related to the performance of nursing duties, and may offer opinions and suggestions to medical and health institutions and health authorities.
护士执业，应当遵守法律、法规、规章和诊疗技术规范的规定。
In practicing nursing, a nurse shall comply with laws, regulations, rules, and diagnostic and treatment technical specifications.
护士在执业活动中，发现患者病情危急，应当立即通知医师；在紧急情况下为抢救垂危患者生命，应当先行实施必要的紧急救护。
In the course of practice, if a nurse finds that a patient's condition is critical, the nurse shall immediately notify the physician; in an emergency situation to save a critically ill patient's life, the nurse shall first perform necessary emergency rescue.
护士发现医嘱违反法律、法规、规章或者诊疗技术规范规定的，应当及时向开具医嘱的医师提出；必要时，应当向该医师所在科室的负责人或者医疗卫生机构负责医疗服务管理的人员报告。
If a nurse finds that a medical order violates laws, regulations, rules, or diagnostic and treatment technical specifications, the nurse shall promptly raise the issue with the physician who issued the order; if necessary, the nurse shall report to the head of the physician's department or the person responsible for medical service management in the medical and health institution.
护士应当尊重、关心、爱护患者，保护患者的隐私。
A nurse shall respect, care for, and protect patients, and protect patient privacy.
护士有义务参与公共卫生和疾病预防控制工作。发生自然灾害、公共卫生事件等严重威胁公众生命健康的突发事件，护士应当服从县级以上人民政府卫生主管部门或者所在医疗卫生机构的安排，参加医疗救护。
A nurse has the duty to participate in public health and disease prevention and control work. In the event of natural disasters, public health events, or other emergencies that seriously threaten public life and health, a nurse shall obey the arrangements of the health authority of the local people's government at or above the county level or the medical and health institution where they work, and participate in medical rescue.
医疗卫生机构的职责
Responsibilities of Medical and Health Institutions
医疗卫生机构配备护士的数量不得低于国务院卫生主管部门规定的护士配备标准。
The number of nurses allocated by a medical and health institution shall not be lower than the nurse allocation standard prescribed by the health authority of the State Council.
医疗卫生机构不得允许下列人员在本机构从事诊疗技术规范规定的护理活动：
A medical and health institution shall not allow the following persons to engage in nursing activities prescribed by diagnostic and treatment technical specifications within the institution:
(一)未取得护士执业证书的人员；
(1) Persons who have not obtained a nurse practice certificate;
(二)未依照本条例第九条的规定办理执业地点变更手续的护士；
(2) Nurses who have not gone through the procedures for changing the practice location in accordance with Article 9 of this Regulation;
(三)护士执业注册有效期届满未延续执业注册的护士。
(3) Nurses whose nurse practice registration period has expired and who have not renewed their practice registration.
在教学、综合医院进行护理临床实习的人员应当在护士指导下开展有关工作。
Personnel conducting nursing clinical internships in teaching or general hospitals shall carry out relevant work under the guidance of nurses.
医疗卫生机构应当为护士提供卫生防护用品，并采取有效的卫生防护措施和医疗保健措施。
Medical and health institutions shall provide nurses with health protection supplies and adopt effective health protection measures and medical care measures.
医疗卫生机构应当执行国家有关工资、福利待遇等规定，按照国家有关规定为在本机构从事护理工作的护士足额缴纳社会保险费用，保障护士的合法权益。
Medical and health institutions shall implement relevant state regulations on wages and welfare benefits, pay social insurance premiums in full for nurses engaged in nursing work within the institution in accordance with relevant state regulations, and protect the legitimate rights and interests of nurses.
对在艰苦边远地区工作，或者从事直接接触有毒有害物质、有感染传染病危险工作的护士，所在医疗卫生机构应当按照国家有关规定给予津贴。
For nurses working in remote and difficult areas, or engaged in work directly involving toxic or hazardous substances or at risk of infectious diseases, the medical and health institution where they work shall provide subsidies in accordance with relevant state regulations.
医疗卫生机构应当制定、实施本机构护士在职培训计划，并保证护士接受培训。
Medical and health institutions shall formulate and implement on-the-job training plans for nurses within the institution and ensure that nurses receive training.
护士培训应当注重新知识、新技术的应用；根据临床专科护理发展和专科护理岗位的需要，开展对护士的专科护理培训。
Nurse training shall focus on the application of new knowledge and new technologies; carry out specialized nursing training for nurses based on the development of clinical specialized nursing and the needs of specialized nursing positions.
医疗卫生机构应当按照国务院卫生主管部门的规定，设置专门机构或者配备专(兼)职人员负责护理管理工作。
Medical and health institutions shall, in accordance with the provisions of the competent health department of the State Council, set up specialized agencies or assign full-time (or part-time) personnel to be responsible for nursing management.
医疗卫生机构应当建立护士岗位责任制并进行监督检查。
Medical and health institutions shall establish a nurse post responsibility system and conduct supervision and inspection.
护士因不履行职责或者违反职业道德受到投诉的，其所在医疗卫生机构应当进行调查。经查证属实的，医疗卫生机构应当对护士做出处理，并将调查处理情况告知投诉人。
If a nurse is complained against for failing to perform duties or violating professional ethics, the medical and health institution where she works shall investigate. If verified, the medical and health institution shall handle the nurse and inform the complainant of the investigation and handling results.
法律责任
Legal Liability
卫生主管部门的工作人员未依照本条例规定履行职责，在护士监督管理工作中滥用职权、徇私舞弊，或者有其他失职、渎职行为的，依法给予处分；构成犯罪的，依法追究刑事责任。
If staff members of the competent health department fail to perform their duties in accordance with these Regulations, abuse their power, engage in malpractice for personal gain, or have other dereliction or malfeasance in the supervision and management of nurses, they shall be given sanctions according to law; if a crime is constituted, criminal liability shall be pursued according to law.
医疗卫生机构有下列情形之一的，由县级以上地方人民政府卫生主管部门依据职责分工责令限期改正，给予警告；逾期不改正的，根据国务院卫生主管部门规定的护士配备标准和在医疗卫生机构合法执业的护士数量核减其诊疗科目，或者暂停其6个月以上1年以下执业活动；国家举办的医疗卫生机构有下列情形之一、情节严重的，还应当对负有责任的主管人员和其他直接责任人员依法给予处分：
If a medical and health institution has any of the following circumstances, the competent health department of the local people's government at or above the county level shall, according to the division of responsibilities, order correction within a time limit and give a warning; if correction is not made within the time limit, the number of its diagnosis and treatment subjects shall be reduced according to the nurse staffing standards prescribed by the competent health department of the State Council and the number of nurses legally practicing in the medical and health institution, or its practice activities shall be suspended for more than 6 months but less than 1 year; if a state-run medical and health institution has any of the following circumstances and the circumstances are serious, the responsible persons in charge and other directly responsible personnel shall also be given sanctions according to law:
(一)违反本条例规定，护士的配备数量低于国务院卫生主管部门规定的护士配备标准的；
(1) Violating the provisions of these Regulations, the number of nurses allocated is lower than the nurse staffing standards prescribed by the competent health department of the State Council;
(二)允许未取得护士执业证书的人员或者允许未依照本条例规定办理执业地点变更手续、延续执业注册有效期的护士在本机构从事诊疗技术规范规定的护理活动的。
(2) Allowing persons who have not obtained a nurse practice certificate or allowing nurses who have not gone through the procedures for changing the practice location or renewing the validity period of the practice registration in accordance with these Regulations to engage in nursing activities prescribed by the diagnostic and treatment technical specifications in the institution.
医疗卫生机构有下列情形之一的，依照有关法律、行政法规的规定给予处罚；国家举办的医疗卫生机构有下列情形之一、情节严重的，还应当对负有责任的主管人员和其他直接责任人员依法给予处分：
If a medical and health institution has any of the following circumstances, it shall be punished in accordance with the provisions of relevant laws and administrative regulations; if a state-run medical and health institution has any of the following circumstances and the circumstances are serious, the responsible persons in charge and other directly responsible personnel shall also be given sanctions according to law:
(一)未执行国家有关工资、福利待遇等规定的；
(1) Failing to implement the national provisions on wages, welfare benefits, etc.;
(二)对在本机构从事护理工作的护士，未按照国家有关规定足额缴纳社会保险费用的；
(2) Failing to pay social insurance premiums in full for nurses engaged in nursing work in the institution in accordance with relevant national regulations;
(三)未为护士提供卫生防护用品，或者未采取有效的卫生防护措施、医疗保健措施的；
(3) Failing to provide nurses with health protection supplies, or failing to take effective health protection measures or medical care measures;
(四)对在艰苦边远地区工作，或者从事直接接触有毒有害物质、有感染传染病危险工作的护士，未按照国家有关规定给予津贴的。
(4) Failing to provide allowances to nurses working in arduous remote areas or engaged in work directly contacting toxic and harmful substances or having the risk of contracting infectious diseases in accordance with relevant national regulations.
医疗卫生机构有下列情形之一的，由县级以上地方人民政府卫生主管部门依据职责分工责令限期改正，给予警告：
If a medical and health institution has any of the following circumstances, the competent health department of the local people's government at or above the county level shall, according to the division of responsibilities, order correction within a time limit and give a warning:
(一)未制定、实施本机构护士在职培训计划或者未保证护士接受培训的；
(1) Failing to formulate and implement the on-the-job training plan for nurses in the institution or failing to ensure that nurses receive training;
(二)未依照本条例规定履行护士管理职责的。
(2) Failing to perform the duty of nurse management in accordance with these Regulations.
护士在执业活动中有下列情形之一的，由县级以上地方人民政府卫生主管部门依据职责分工责令改正，给予警告；情节严重的，暂停其6个月以上1年以下执业活动，直至由原发证部门吊销其护士执业证书：
If a nurse has any of the following circumstances during practice activities, the competent health department of the local people's government at or above the county level shall, according to the division of responsibilities, order correction and give a warning; if the circumstances are serious, the nurse's practice activities shall be suspended for more than 6 months but less than 1 year, until the original issuing department revokes the nurse practice certificate:
(一)发现患者病情危急未立即通知医师的；
(1) Failing to immediately notify the physician when discovering that a patient's condition is critical;
(二)发现医嘱违反法律、法规、规章或者诊疗技术规范的规定，未依照本条例第十七条的规定提出或者报告的；
(2) Failing to raise or report in accordance with Article 17 of these Regulations when discovering that a medical order violates laws, regulations, rules, or diagnostic and treatment technical specifications;
(三)泄露患者隐私的；
(3) Disclosing patient privacy;
(四)发生自然灾害、公共卫生事件等严重威胁公众生命健康的突发事件，不服从安排参加医疗救护的。
(4) In the event of emergencies such as natural disasters, public health events, etc., that seriously threaten public life and health, failing to obey arrangements to participate in medical rescue.
护士在执业活动中造成医疗事故的，依照医疗事故处理的有关规定承担法律责任。
If a nurse causes a medical accident during practice activities, she shall bear legal liability in accordance with the relevant provisions on handling medical accidents.
护士被吊销执业证书的，自执业证书被吊销之日起2年内不得申请执业注册。
If a nurse's practice certificate is revoked, she shall not apply for practice registration within 2 years from the date of revocation.
扰乱医疗秩序，阻碍护士依法开展执业活动，侮辱、威胁、殴打护士，或者有其他侵犯护士合法权益行为的，由公安机关依照治安管理处罚法的规定给予处罚；构成犯罪的，依法追究刑事责任。
Anyone who disrupts medical order, obstructs a nurse from carrying out practice activities according to law, insults, threatens, beats a nurse, or otherwise infringes upon the legitimate rights and interests of a nurse shall be punished by the public security organ in accordance with the provisions of the Public Security Administration Punishments Law; if a crime is constituted, criminal liability shall be pursued according to law.
附则
Supplementary Provisions
本条例施行前按照国家有关规定已经取得护士执业证书或者护理专业技术职称、从事护理活动的人员，经执业地省、自治区、直辖市人民政府卫生主管部门审核合格，换领护士执业证书。
Persons who, prior to the implementation of this Regulation, have already obtained a nurse practice certificate or nursing professional technical title in accordance with relevant state regulations and are engaged in nursing activities shall, upon examination and approval by the health administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government where they practice, exchange for a nurse practice certificate.
本条例施行前，尚未达到护士配备标准的医疗卫生机构，应当按照国务院卫生主管部门规定的实施步骤，自本条例施行之日起3年内达到护士配备标准。
Prior to the implementation of this Regulation, medical and health institutions that have not yet met the nurse staffing standards shall, in accordance with the implementation steps prescribed by the health administrative department of the State Council, meet the nurse staffing standards within three years from the date of implementation of this Regulation.
本条例自2008年5月12日起施行。
This Regulation shall come into force on May 12, 2008.