The Sudden Public Health Accidents Ordinance

Original Language Title: 《突发公共卫生事件应急条例》

Read the untranslated law here: https://www.global-regulation.com/law/china/159147/.html

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  Chapter I General provisions article effective prevention, control and elimination of hazards of public health emergencies in a timely manner, safeguarding public health and safety, and maintenance of normal social order, this Ordinance is enacted.
Emergent public health incidents referred to in article II of the Ordinance (hereinafter referred to as emergencies), refers to the sudden, cause or may cause serious damage to a major public health epidemic, mass unexplained diseases, major food or occupational poisoning and other serious incidents affecting public health.
After the third incident occurred, the State Council established the national emergency command, formed by the relevant departments of the State Council and relevant departments of the army, competent leaders to serve as Commander in Chief, responsible for national emergency unified leadership and unity of command.
Administrative Department of public health and other relevant departments of the State Council, within their respective areas of responsibility do the emergency treatment related work.
After the fourth incident occurred, Governments of provinces, autonomous regions and municipalities to set up headquarters in the district emergency, Governments of provinces, autonomous regions and municipalities directly under the key leaders to serve as Commander in Chief, responsible for leading, directing emergency work within their respective administrative areas.
Health administrative departments under local people's Governments at or above the county level, which is responsible for organizing investigations, control and emergency medical treatment.
Relevant departments of the local people's Governments at or above the county level shall, within their respective areas of responsibility do the emergency treatment related work.
Fifth emergency work shall follow the principle of prevention first, standing, align leadership and graded responsibility, response time, measures with determination, relying on Science, the principle of enhanced cooperation.
Sixth people's Governments at or above the county level shall organize control of emergency-related scientific research, establishing emergency epidemiological survey, the source of infection isolation and medical aid, on-site treatment, supervision and inspection, monitoring, inspection, health protection and other relevant materials, equipment, facilities, technology and personnel resources, requirements are included in the Government budget.
National emergency work in remote and poor areas to give financial support.
Article seventh country encourages and supports emergency monitoring, early warning and response of international exchange and cooperation on technology.
Article eighth relevant departments under the State Council and local people's Governments at or above the county level and their departments should establish a strict responsibility system of emergency preparedness and emergency response, and effective discharge of their respective responsibilities to ensure normal progress of emergency work.
Nineth administrative departments of people's Governments at or above the county level and their health, shall participate in the emergency treatment of medical and health personnel, give appropriate subsidies and health care allowances; contribute to participate in emergency treatment of personnel, commend and reward; due to personnel involved in emergency disease, disability, death, in accordance with the relevant provisions of the State, give appropriate subsidies and compensation.
Chapter II prevention and emergency preparedness article tenth health administrative departments of the State Council in accordance with the classification Guide, rapid response requirements, development of a national emergency plan, submitted to the State Council for approval.
People's Governments of provinces, autonomous regions and municipalities, according to the national emergency plans, combined with local conditions, emergency plans for their respective administrative areas. 11th article national burst event emergency plans should including following main content: (a) burst event emergency processing command of composition and related sector of duties; (ii) burst event of monitoring and warning; (three) burst event information of collection, and analysis, and report, and informed system; (four) burst event emergency processing technology and monitoring institutions and task; (five) burst event of grading and emergency processing work programme; (six) burst event prevention, and site control, emergency facilities, and equipment, and
Treatment of drugs and medical devices, and other reservation and dispatching of goods and technology; (VII) emergency treatment professional team building and training.
12th emergency plans should be based on the sudden turn of events and implement timely amendments, problems found in supplements.
Article 13th local people's Governments at various levels shall, in accordance with provisions of laws and administrative regulations, disease prevention and other public health work, and prevent the occurrence of unexpected events.
People's Governments at or above the county level health Administrative Department and other relevant departments, emergency specialized knowledge should be on public education, enhance public awareness of emergency preparedness and response capacity.
14th State to establish a unified emergency prevention and control system.
Local people's Governments at or above the county level should establish and improve an emergency monitoring and early warning systems.
The people's Governments at or above the county level health administrative departments, shall designate bodies responsible for conducting daily monitoring of emergencies and ensure normal operation of the monitoring and early warning systems. 15th article monitoring and early-warning mechanism should be based on categories of emergencies, developing monitoring plans, scientific analysis and integrated evaluation of monitoring data.
Early detection of potential hazards and emergencies that may occur, shall be reported in accordance with the provisions of this Ordinance procedures and time frames for reports in a timely manner.
16th relevant departments of the State Council and local people's Governments at or above the county level and their departments shall, according to requirements of emergency plans to ensure emergency treatment facilities, equipment, medicines and medical equipment stocks.
17th people's Governments at or above the county level shall strengthen the construction of network of emergency medical services, with appropriate medical treatment drugs, technologies, equipment and personnel, improve the diagnosis and treatment of medical and health institutions to respond to all types of emergencies.
Local people's Governments above city level shall be divided into districts set with infectious disease prevention and control infectious disease hospital: adapting to the needs or specified communicable disease control conditions and medical institutions to assume the ability of infectious diseases prevention and control tasks.
  Article 18th health administrative departments under local people's Governments at or above the county level shall regularly for medical institutions and personnel to carry out the emergency handling of related knowledge, skills, training, medical and health institutions to conduct emergency drills are regularly organized, promotion of new knowledge and advanced technologies.
The third chapter reports and information published 19th State to establish emergency reporting system.
Report of the health Administrative Department under the State Council emergency norms, establishing major, emergent epidemic information report system.
Has following case one of of, province, and autonomous regions, and municipalities Government should in received report 1 hours within, to State health administrative competent sector report: (a) occurred or may occurred infectious diseases outbreak, and popular of; (ii) occurred or found unknown reasons of groups sex disease of; (three) occurred infectious diseases strains, and HIV species lost of; (four) occurred or may occurred major food and career poisoning event of.
Health administrative departments under the State Council to emergencies that may cause significant social impact, it shall immediately report to the State Council.
Article 20th incident monitoring bodies, health institutions and authorities found the circumstances as provided in section 19th shall, within 2 hours of Administrative Department of health under the County report; reports of the administrative departments for public health shall report within 2 hours of the people's Governments at the corresponding level, and at the higher level people's Government health administrative departments and report to the health Administrative Department under the State Council.
People's Governments at the county level shall, within 2 hours after receipt of the report to the municipal district people's Government or higher level Governments report district of the municipal people's Government shall, within 2 hours after receiving the report of provinces, autonomous regions and municipalities reported.
21st no units and individuals in emergencies, not withholding or delaying report false or incite others to conceal, and delaying the report false.
22nd received reports of local people's Governments, health Administrative Department in accordance with the provisions of this Ordinance the report at the same time, shall immediately organize the investigation report verified, confirmed, to take the necessary control measures and report in a timely manner to investigate the situation.
Health administrative departments under the State Council shall, in accordance with article 23rd emergency situations occur, timely manner to the relevant departments of the State Council and various provinces, autonomous regions and municipalities inform the Administrative Department of public health and relevant military departments.
Disruption of provinces, autonomous regions and municipalities directly under the Administrative Department of health under, shall be to the adjacent provinces, autonomous regions and municipalities inform the Administrative Department of public health.
Receive informed the Governments of provinces, autonomous regions and municipalities directly under the Department of health administration and, if necessary, shall promptly notify the health institutions within their respective administrative areas.
Relevant departments of the local people's Governments at or above the county level, has taken place or found likely to cause an emergency situation shall be promptly to inform the administrative departments of people's Governments at the health.
24th State to establish emergency reporting system, announced a unified incident reporting, telephone hotlines. Any unit and individual have the right to report to the municipal people's Government and the relevant departments emergency problems, entitled to a higher level and the relevant departments under local people's Governments and related departments do not carry out emergency responsibilities, or perform their duties in accordance with the provisions of condition.
Received reports or information about people's Governments and their relevant departments shall immediately organize the incident risks, are not performed or not in accordance with the provisions of the emergency duties of investigation and handling of the situation.
Reporting of emergency power units and individuals, the people's Governments at or above the county level and their departments concerned shall be awarded.
25th State to establish emergency information dissemination system. Administrative Department of public health under the State Council is responsible for the release of emergency information to the community.
If necessary, may authorize the provinces, autonomous regions and municipalities to the public by the competent administrative Department of health under emergency information contained within their respective administrative areas.
    Information should be timely, accurate and comprehensive.
Fourth chapter emergency 26th incident occurred, health administrative departments should organize experts to emergencies in conducting integrated assessments, preliminary judge the type of emergency, make recommendations for whether to activate emergency response plans. 27th nationally or across provinces, autonomous regions and municipalities within the scope of national emergency plans, approved by the health Administrative Department under the State Council before implementation. Activate emergency response plans of provinces, autonomous regions and municipalities, decided by the Governments of provinces, autonomous regions and municipalities, and to report to the State Council.

28th national emergency headquarters for emergency treatment work for inspectors and guidance, local people's Governments at all levels and relevant departments should cooperate.
Provinces, autonomous regions and municipalities directly under the emergency headquarters for the emergency work in the administrative area inspectors and guidance.
Article 29th-above people's Government at the provincial level administrative department or other relevant departments designated emergency treatment professional and technical institutions, responsible for emergency technical investigations, confirmed, management, control and evaluation.
Article 30th health administrative departments under the State Council to new outbreaks of infectious diseases, according to the degree of hazard, prevalence, in accordance with the People's Republic of China provisions of the law on prevention of infectious diseases announced as a statutory communicable disease in a timely manner; declared a class infectious diseases, decided by the State Council.
31st emergency start, relevant departments of the people's Government at or above the county level should according to the actual situation of emergency, make emergency preparations, to take the necessary emergency measures.
Emergency plan started, emergency departments of people's Governments shall be according to the plans of call of duty, subject to the unified command of the emergency command, immediately reached provided jobs, and control measures to be taken.
Medical and health institutions, monitoring bodies and scientific research institutions should be subject to unified command of the emergency headquarters, cooperate, collaborate and concentrate on scientific research related to the work carried out.
Article 32nd after the incident occurred, relevant departments of the State Council and local people's Governments at or above the county level and their departments, should ensure that emergency treatment requires medical devices, where production, supply of medicines, medical equipment and other supplies; railway, transportation, civil aviation Administrative Department shall ensure the timely delivery.
Article 33rd according to the need for emergency treatment, emergency command has the right to immediately mobilized personnel, reserve materials, means of transportation and related facilities and equipment, if necessary, evacuate or quarantine of personnel, to law and embargo against infectious disease is epidemic.
Article 34th emergency headquarters according to the needs of emergency treatment, can take on food and water control measures.
Administrative departments of local people's Governments at or above the county level health control measures shall be taken to the scene of the incident and to publicize emergency prevention and control knowledge, timely on vulnerable populations and other vulnerable groups to take emergency vaccination, preventive medication, community protective measures.
35th staff participating in the emergency treatment should be in accordance with the provisions of the plan, health protection measures, and work under the guidance of professionals.
36th State Council Health Administrative Department or other designated by the relevant professional institutions, access to emergency field surveys, sampling, analysis and inspection, and technical guidance to local emergency work, the relevant units and individuals shall cooperate; any unit and individual shall for any reason be rejected.
37th to new outbreaks of infectious diseases, groups of diseases of unknown origin, major food or occupational poisoning cases, health administrative departments under the State Council shall organize as soon as possible to make relevant technical standards, specifications and control measures. Article 38th transport according to the Administrative Department of health under the State Council found on infectious disease emergency control measures need to be taken patients or suspected patients of infectious diseases, the person in charge shall be notified by the quickest front stop, and reports to the transport business unit. Vehicles parked in front of and operation entity shall report to the transport business unit administrative authority and the health administrative departments under local people's Governments at or above the county level report.
Administrative Department of public health after receiving the report, shall immediately organize relevant personnel to take appropriate medical treatment.
Transport patients ' close contacts of infectious diseases, by the vehicles stop the people's Governments at or above the county level health administrative departments or railways, transportation, civil aviation administrative departments, in accordance with their respective responsibilities, according to infectious disease prevention laws, administrative laws and regulations, adopt control measures.
Involving border port and the entry and exit of personnel, means of transport, goods, containers, bags, parcels and other infectious disease emergency control measures need to be taken, according to the frontier health and quarantine laws and administrative rules and regulations.
39th medical institutions should be pathogenic due to emergency personnel to provide medical care and rescue, patients must be treated reception and writing detailed and complete records; the need to transfer patients, patients should be in accordance with the provisions and copies of medical records transferred to reception or designated medical institutions.
Medical and health institutions within the health protection measures should be taken to prevent cross-infection and contamination.
Medical and health institutions shall close contacts of patients of infectious diseases medical observation measures taken, close contacts of patients of infectious diseases should be matched. Medical institutions treat infectious disease patients or suspected patients of infectious diseases, they shall report the location of disease prevention and control institutions.
Disease prevention and control institutions shall immediately on receipt of the report may be compromised by investigating, to take the necessary control measures.
40th infectious disease outbreaks, epidemics, streets, villages and towns, as well as residents ' and villagers ' committees shall organize, solidarity and cooperation, prevention, assist in the Administrative Department of public health and other relevant departments, medical and health information, the collection and reporting, personnel and decentralized implementation of quarantine, public health measures, information to residents, villagers on infectious diseases prevention knowledge. 41st to infectious disease outbreaks, the popular mobile population within the region, events occur to the local people's Governments at or above the county level shall take precautions, health control measures can be implemented; infectious disease patients or suspected patients of infectious diseases, should take measures of isolation, in situ observation on the spot, local treatment.
To need treatment and referral, section this 39th of the Ordinance shall be in accordance with the provisions of the first paragraph.
42nd departments, health agencies of infectious diseases should be done early discovery, early reporting, early isolation and early treatment, cut off transmission and prevent proliferation. Article 43rd people's Government at or above the county level should provide the necessary funds, to provide protection for emergency disease, timely and effective treatment of disabled persons.
Specific measures shall be formulated by the financial sector, the health administrative departments and the administrative departments of labor security.
44th in emergencies need treated in isolation measures, medical observation of patients or suspected patients and close contacts of patients of infectious diseases in the health administrative departments or agencies concerned to take medical measures should be matched; refused to cooperate, the public security organs shall assist in the enforcement. Fifth chapter legal responsibility 45th article County above place Government and health administrative competent sector not in accordance with this Ordinance of provides perform report duties, on burst event hide, and sustained reported, and lied about or inspired others hide, and sustained reported, and lied about of, on Government main leaders and health administrative competent sector main head, law give downgraded or dismissed of administrative sanctions; caused infectious diseases spread, and popular or on social public health caused other serious against consequences of, law give fired of administrative sanctions; constitute crime of,
Criminal responsibility shall be investigated according to law. 46th article State about sector, and County above place Government and about sector not in accordance with this Ordinance of provides, completed burst event emergency processing by need of facilities, and equipment, and drug and medical devices, material of production, and supply, and transport and reserves of, on Government main leaders and government sector main head law give downgraded or dismissed of administrative sanctions; caused infectious diseases spread, and popular or on social public health caused other serious against consequences of, law give fired of administrative sanctions; constitute crime of,
Criminal responsibility shall be investigated according to law.
47th after breaking events, relevant departments of the local people's Governments at and above the county level to higher relevant departments under investigation fails to cooperate, or otherwise limit or interfere with investigations, government leaders and heads of government departments mainly administrative sanctions of demotion or removal from Office in accordance with law constitutes a crime, criminal responsibility shall be investigated according to law. 48th article County above levels government health administrative competent sector and other about sector in burst event survey, and control, and medical treatment work in the negligence, and dereliction of, and malfeasance of, by this level Government or superior Government about sector ordered corrected, and informed criticism, and give warning; on main head, and has responsibility of competent personnel and other responsibility personnel law give downgraded, and dismissed of administrative sanctions; caused infectious diseases spread, and popular or on social public health caused other serious against consequences of,
Shall be subject to dismissal of sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
49th article County above levels Government about sector refused to perform emergency processing duties of, by sibling Government or superior Government about sector ordered corrected, and informed criticism, and give warning; on main head, and has responsibility of competent personnel and other responsibility personnel law give downgraded, and dismissed of administrative sanctions; caused infectious diseases spread, and popular or on social public health caused other serious against consequences of, law give fired of administrative sanctions; constitute crime of, law held criminal.
50th article medical health institutions has following behavior one of of, by health administrative competent sector ordered corrected, and informed criticism, and give warning; plot serious of, revoked medical institutions practice industry license; on main head, and has responsibility of competent personnel and other directly responsibility personnel law give downgraded or dismissed of disciplinary; caused infectious diseases spread, and popular or on social public health caused other serious against consequences, constitute crime of, law held criminal: (A) fails to comply with the provisions of this Ordinance, to fulfil their reporting obligations, concealment, delaying the report or submitting a false, (ii) not in accordance with the provisions of this Regulation take control measures in a timely manner, (iii) not in accordance with the provisions of this Ordinance, carry out emergency monitoring responsibilities and (iv) refuses to accepts patients; (e) refuses to obey emergency command operation.

51st article in burst event emergency processing work in the, units and personal not in accordance with this Ordinance of provides perform report duties, hide, and sustained reported or lied about, hinder burst event emergency processing staff implementation positions, refused to State health administrative competent sector or other about sector specified of professional technology institutions into burst event site, or not tie survey, and sampling, and technology analysis and test of, on about responsibility personnel law give administrative sanctions or disciplinary; committed
People's Republic of China on public security administration punishments Ordinance, the activities contravening public security management, the public security organs shall be punished; constitutes a crime, criminal responsibility shall be investigated according to law.
52nd during the emergency period, spreading rumors, gouging, cheating consumers, disrupting social order, market order, by a public security organ or Administrative Department for industry and commerce shall be given administrative punishments constitute a crime, criminal responsibility shall be investigated according to law.
The sixth chapter supplementary articles article 53rd people's Liberation Army, the armed police force medical and health institutions involved in the emergency treatment, in accordance with the provisions of this Ordinance and the relevant regulations of the army. 54th these regulations come into force on the date of promulgation.

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