People's Republic Of China Law On Prevention Of Infectious Diseases

Original Language Title: 中华人民共和国传染病防治法

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    People's Republic of China Law on prevention of infectious diseases (February 21, 1989 NPC Standing Committee of the sixth meeting of February 21, 1989, People's Republic of China presidential order released 15th come into force on September 1, 1989) Chapter I General provisions article in order to prevent, control and eliminate the occurrence and prevalence of infectious diseases, safeguard human health, this law is enacted.
    Second national guidelines for prevention of infectious diseases, prevention and treatment, and taxonomies.
    Provisions in this law article management of infectious diseases are divided into classes a, b and c classes.
    A class infectious diseases shall include plague and cholera.
    B class infectious diseases: hepatitis a, bacillary and amebic dysentery, typhoid and paratyphoid fever, HIV, gonorrhea, syphilis, polio, measles, whooping cough, diphtheria, epidemic cerebrospinal meningitis, Scarlet fever, epidemic hemorrhagic fever, rabies and leptospirosis diseases, brucellosis, and anthrax, epidemic and endemic typhus fever, Japanese encephalitis, leishmaniasis, malaria, and dengue fever.
    C class infectious diseases: tuberculosis, schistosomiasis, filariasis, hydatidosis, leprosy, influenza, mumps, rubella, neonatal tetanus, acute hemorrhagic conjunctivitis, cholera, dysentery, typhoid and paratyphoid infections other than diarrhea.
    Depending on the circumstances of the State Council, increase or reduction of group a infectious disease, and released; the health Administrative Department under the State Council according to the circumstances, increase or decrease the b class, c class infectious diseases, and is published.
    Article IV disease prevention work at all levels of Government, develop infectious disease prevention and control planning and implementation.
    Five Government health administrative departments at all levels to exercise unified supervision and management of prevention and control of infectious diseases.
    Responsibility at all levels of the health and anti-epidemic agencies according to the Professional Division of labor within the monitoring and management of infectious diseases.
    All kinds of medical and health institutions at all levels to take responsibility for prevention and management of infectious diseases in the context of the task, and to receive business guidance on the health and anti-epidemic agencies.
    Army infectious disease prevention and control, in accordance with this law and the relevant regulations of the State, by Chinese health authorities exercising supervision and management.
    Article sixth with the control of infectious diseases related to the food, medicine and water management as well as the frontier health and quarantine, respectively, in accordance with the relevant legal regulations.
    Seventh article in the People's Republic of China in the area of all units and individuals must receive medical and health institutions and anti-epidemic agencies on communicable diseases queries, inspection, investigation and preventive and control measures, and right to report and accused of acts in violation of this law.
    Eighth on the prevention and control of infectious diseases have made outstanding achievements and contributions to the units and individuals, rewarded.
    Chapter II prevention of Nineth Governments at various levels should carry out health education to prevent infectious diseases, organizations eliminate rodents and mosquitoes, flies and other insect vectors or other transmission of any infectious disease or the harm of animals suffering from infectious diseases common to humans and animals.
    Article tenth local governments at various levels shall systematically building and remodelling of public sanitation and harmless treatment of sewage, sullage, dung, improve drinking water conditions.
    11th levels of various medical and health institutions shall establish preventive health care organization or staff, take the unit and responsibility of infectious diseases prevention, control, and disease management.
    City, district and County set up hospital for infectious diseases or specified outpatient and hospital infectious diseases infectious disease wards.
    12th State practices systematic vaccination system.
    System of national certificate of vaccination of children.
    13th water supply must comply with national health standards for drinking water.
    Article 14th patients of infectious diseases, pathogen carriers and suspected infectious disease patients cured or cleared of suspicion, may not engage in the health Administrative Department under the State Council prohibits doing by causing the spread of infectious diseases.
    15th medical and health institutions and anti-epidemic agencies and units engaged in pathogenic microbiology experiment, must strictly implement the management system of the health Administrative Department under the State Council, operating rules, to prevent iatrogenic infection of infectious diseases, nosocomial infections, laboratory infections and the spread of pathogenic micro-organisms.
    16th and virus strains of infectious diseases of storage, carrying, transport, you must follow the strict management of the Administrative Department of health under the State Council.
    Article 17th was a class infectious disease pathogen contamination of sewage, sullage, dung, and units and individuals must be carried out under the supervision and guidance of the health and anti-epidemic agencies after strict disinfection treatment refusal disinfected, local Government can take enforcement measures.
    B class, c class infectious disease pathogen contamination of sewage, sullage, dung, and units and individuals must be made in accordance with the health and anti-epidemic agencies hygiene requirements for processing.
    18th article related to zoonotic diseases of livestock and poultry epidemic prevention management of the animal husbandry and veterinary authorities at all levels of Government are responsible for.
    Of wildlife associated with zoonotic infectious diseases, the Government veterinary departments of the local government or receive quarantine, prohibiting the sale or transportation.
    Rabies prevention management, by all levels of Government animal husbandry and veterinary medicine, health, Division of public security departments in accordance with the provisions of the State Council is responsible for. 19th in the natural foci and natural foci areas may be set up for large scale construction project before construction, the construction unit shall apply for local health and epidemic prevention institutions health survey of the construction environment, and on the advice of the health and anti-epidemic agencies, take the necessary epidemic prevention measures.
    During construction, the construction unit shall establish a dedicated site on the epidemic prevention work.
    20th to persons involved in infectious disease prevention, medical care, research, teaching, field personnel handling the epidemic, as well as in production and other personnel working with pathogens of infectious diseases, the authorities concerned shall, in accordance with national provisions, take effective preventive measures and health care measures.
    Chapter outbreak reports and publishes 21st anyone found infectious disease patients or suspected patients of infectious diseases, should be promptly reported to the medical and health institutions and anti-epidemic agencies near. Duty of health care personnel, public health professionals found classes a, b class and c class infectious diseases within the monitoring area patients, pathogen carriers and suspected infectious disease patients must be in accordance with the time limits prescribed by the health Administrative Department under the State Council report outbreaks to the local health and epidemic prevention institutions.
    Anti-epidemic agency epidemic is found or received a class infectious diseases and b class infectious diseases HIV/AIDS, pulmonary anthrax outbreaks of anthrax in the report, shall immediately report to the local administrative Department of public health, local health administrations to immediately report to the local government, while reporting to the superior administrative departments of public health and Health Administration Department under the State Council.
    22nd levels of government executives and infectious disease of health care, epidemic prevention, supervision and management of personnel shall not conceal, conceal, misrepresent or incite others to lie about the epidemic.
    23rd the health Administrative Department under the State Council should be informed in a timely manner and reported outbreaks, and may authorize the provincial, autonomous region, municipality directly under the Government health administrative departments promptly and truthfully inform and announce the Administration's pandemic. Fourth chapter control 24th medical and health institutions and anti-epidemic agencies found an infectious disease, it shall take the following measures: (a) a class infectious diseases patients and carriers, b class infectious diseases HIV/AIDS patients of pulmonary anthrax, anthrax in people, be treated in isolation. Period of isolation according to the results of medical examination to determine. Refused to isolation treatment or isolation period not full unauthorized from isolation treatment of, can by police sector assist treatment units take forced isolation treatment measures; (ii) on except AIDS patients, and anthrax in the of lung anthrax people yiwai of b class, and c class infectious diseases patients, according to illness, take necessary of treatment and control spread measures; (three) on suspected methyl class infectious diseases patients, in clear diagnosis Qian, in specified places for medical observation; (four) on infectious diseases patients, and disease original carry who, and suspected infectious diseases patients pollution of places, and
    Goods and people in close contact, implementation of necessary health treatment and prevention measures.
    Patients of infectious diseases, their relations and the related units as well as resident or organization of villagers shall cooperate in executing the measures referred to in the preceding paragraph.
    25th article infectious diseases outbreak, and popular Shi, local Government should immediately organization power for control, cut infectious diseases of spread way; necessary Shi, reported by Shang level local Government decided, can take following emergency measures: (a) limit or stop market, and rally, and theaters performances or other crowd gathered of activities; (ii) shutdown, and closed, and closed; (three) temporary expropriation housing, and transport; (four) closed was infectious diseases disease original body pollution of public drinking water.
    Local governments receive lower levels of Government above the county level report on urgent measures listed in the preceding paragraph, shall make a decision within the prescribed time limit.
    Lifting of emergency measures, announced by the original decision. 26th a class and b class infectious diseases outbreaks, epidemics, local governments above the county level by level local governments decided to declare SARS, in affected areas, to take the measures provided for in article 25th and persons, goods and means of transport entering or leaving an infected area sanitary and quarantine.
    By provinces, autonomous regions and municipalities directly under the Government decision, embargo against group a infectious disease is epidemic; blocked in large, urban areas or across provinces, autonomous regions and municipalities directly under the area, cause disruption to mainline services and blockade affected areas or blocking the border, decided by the State Council.
    Areas the lifting of the embargo, announced by the original decision.
    27th major infectious disease outbreaks, the health Administrative Department under the State Council has the right to national or across provinces, autonomous regions and municipalities within local government health administrative departments at all levels right, within administrative areas, mobilization of all types of medical and health care personnel, public health professionals to participate in disease control work. 28th with plague, cholera and anthrax deaths, bodies must be immediately disinfected and cremated.
    Death of suffering from other infectious diseases, if necessary, the body should be cremated or buried in accordance with regulations after disinfection. Medical and health institutions and anti-epidemic agencies may, when necessary, on the corpses of patients or suspected patients of infectious diseases, conduct autopsy.

    Standing Committee of the people's congresses of provinces, autonomous regions to implement the provisions of the preceding two paragraphs in the autonomous areas, if necessary, respond to changes in requirements. 29th Medical Department and other relevant departments shall promptly supply the prevention and treatment of infectious diseases of drugs and devices. Biologics production unit shall promptly supply the prevention and treatment of infectious diseases and biological products.
    Prevention and treatment of infectious diseases drugs, Biologics and devices should have adequate reserves.
    30th railway, transportation, civil aviation departments must give priority to transportation approved by the health administrative department dealing with outbreaks of personnel, combating drugs, biological products, and devices.
    31st in order to control the spread of infectious diseases for the purpose of communications health quarantine specific measures formulated by the health Administrative Department under the State Council together with the relevant Department and submitted to the State Council for approval before implementation.
    Fifth chapter supervision 32nd article levels government health administrative sector on infectious diseases control work exercise following supervision management terms: (a) on infectious diseases of prevention, and treatment, and monitoring, and control and outbreak management measures for supervision, and check; (ii) ordered was check units or personal deadline improved infectious diseases control management work; (three) in accordance with this method provides, on violation this method of behavior give administrative punishment.
    The health Administrative Department under the State Council may entrust other departments concerned health authorities, this system within the terms of reference set out in the preceding paragraph.
    33rd levels of Government health administrative departments entrusted by the health Administrative Department under the State Council and other relevant departments in charge of health institutions and anti-epidemic agencies establishment of infectious disease management supervisors at all levels, implementation of health administrative department or other relevant departments in charge of health regulatory agencies in the delivery of infectious diseases task.
    Qualified health professionals to serve as supervisor of infectious disease management, appointed by the Government health administrative departments at or above the provincial level and given a certificate.
    34th levels of various types of health care organizations to set up an Inspector of infectious disease management, responsible for checking the work of the unit and are responsible for prevention and management of infectious diseases, and to report on the health and anti-epidemic agencies examine the results.
    Inspector of infectious disease management by local governments at or above the county level approved by the health Administrative Department and given a certificate.
    Sixth chapter legal responsibility 35th article violation this method provides, has following behavior one of of, by County above government health administrative sector ordered deadline corrected, can sentenced fine; has caused infectious diseases popular dangerous of, by health administrative sector reported to the sibling Government take forced measures: (a) water units supply of drinking water not meet national provides of health standard of; (ii) refused to according to epidemic institutions proposed of health requirements, on infectious diseases disease original body pollution of sewage, and dirt real, and stool for disinfection processing of;
    (C) approving or condoning patients of infectious diseases, pathogen carriers and suspected infectious disease patients of the health Administrative Department under the State Council prohibits doing by causing the spread of infectious diseases (iv) refuses to implement the health and anti-epidemic agencies according to the law of other preventive and control measures. Article 36th on the penalty decision, from the date of receipt of the notice of decision in the 15th upper level health administrative departments may apply for reconsideration; still is not satisfied with the reconsideration decision, from the date of receipt of a notice of decision to the Court in the 15th. The parties can also be of the date of receipt of the notice of decision in the 15th, and direct access to the courts.
    If no application for reconsideration filed does not perform, the health administration departments make the punishment decision may apply to the Court for enforcement.
    37th under any of the acts listed in this article 35th of the law, caused by group a spread or a serious risk of transmission of infectious diseases, shall be investigated for criminal responsibility mutatis mutandis article 178th.
    Article 38th test, storage, carrying, transport personnel and virus strains of infectious diseases, in violation of the relevant provisions of the health Administrative Department under the State Council, cause and virus strains of infectious diseases spread, serious consequences, shall be investigated for criminal responsibility pursuant to article 115th; a minor disciplinary sanction.
    39th in infectious disease health care, epidemic prevention, supervision and management of the personnel and Government managers neglect their duties, resulting in the spread of infectious diseases or popular, penalties if the case is serious enough to constitute a crime, criminal responsibility shall be investigated in accordance with article 187th.
    The seventh chapter by-laws 40th the health Administrative Department under the State Council in accordance with this law, formulate measures for its implementation, submitted to the State Council for approval before implementation. 41st article this law shall enter into force on September 1, 1989.

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