Law of the People's Republic of China on the Prevention and Control of Infectious Diseases
(Adopted at the sixth meeting of the Standing Committee of the Seventh National People's Congress on February 21, 1989. Revised at the eleventh meeting of the Standing Committee of the Tenth National People's Congress on August 28, 2004. Amended in accordance with the "Decision on Amending Twelve Laws including the Cultural Relics Protection Law of the People's Republic of China" at the third meeting of the Standing Committee of the Twelfth National People's Congress on June 29, 2013)
Table of Contents
Chapter 1 General Principles
Chapter 2 Prevention of Infectious Diseases
Chapter 3 Epidemic Report, Notification and Announcement
Chapter 4 Epidemic Control
Chapter 5 Medical Treatment
Chapter 6 Supervision and Management
Chapter 7 Safeguard Measures
Chapter 8 Legal Responsibilities
Chapter 9 Supplementary Provisions
Chapter 1 General Provisions
Article 1 This Law is formulated in order to prevent, control and eliminate the occurrence and prevalence of infectious diseases, and to protect human health and public health.
Article 2: The state implements a prevention-oriented approach to the prevention and control of infectious diseases, combining prevention and treatment, classified management, relying on science and relying on the masses.
Article 3 The infectious diseases specified in this law are divided into Category A, Category B and Category C.
Class A infectious diseases refer to: plague, cholera.
Class B infectious diseases refers to: infectious SARS , AIDS , viral hepatitis , poliomyelitis, human infection with highly pathogenic avian influenza, measles , epidemic hemorrhagic fever, rabies , Japanese encephalitis . Dengue fever , anthrax, bacillary and amoebic dysentery, tuberculosis , typhoid and paratyphoid fever, meningococcal meningitis, pertussis, diphtheria, neonatal tetanus, scarlet fever, brucellosis, gonorrhea, syphilis, leptospirosis, schistosomiasis, malaria.
Class C infectious diseases refer to: influenza, mumps , rubella , acute hemorrhagic conjunctivitis, leprosy, endemic and endemic typhus , kala-azar, hydatid disease , filariasis , and infectious diarrheal diseases other than cholera, bacterial and amoebic dysentery, typhoid fever and paratyphoid fever.
The health administrative department of the State Council may decide to increase, reduce or adjust the categories of Class B and Class C infectious diseases based on the outbreak, prevalence and degree of harm of infectious diseases and announce them.
Article 4: Prevention and control measures for Class A infectious diseases as referred to in this Law shall be adopted for infectious diseases such as SARS, anthrax, pulmonary anthrax, and human infection with highly pathogenic avian influenza. If other Class B infectious diseases and infectious diseases with unknown sudden causes require the prevention and control measures of Class A infectious diseases referred to in this Law, they shall be announced and implemented by the health administrative department of the State Council in a timely manner and approved by the State Council.
If it is necessary to lift the prevention and control measures for Class A infectious diseases adopted in accordance with the provisions of the preceding paragraph, the health administrative department of the State Council shall report it to the State Council for approval and make an announcement.
The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may decide to manage and publish other common and frequent local infectious diseases in their respective administrative regions as Class B or Class C infectious diseases according to the circumstances, and report them to the State Council's health administrative department for filing.
Article 5 People's governments at all levels shall lead the prevention and control of infectious diseases.
People's governments at or above the county level shall formulate plans for the prevention and control of infectious diseases and organize their implementation, and establish and improve disease prevention and control, medical treatment, and supervision and management systems for the prevention and treatment of infectious diseases.
Article 6 The health administration department of the State Council is responsible for the prevention and control of infectious diseases and its supervision and management nationwide. The health administrative departments of local people's governments at or above the county level are responsible for the prevention and control of infectious diseases and their supervision and management within their respective administrative regions.
Other departments of the people's governments at or above the county level are responsible for the prevention and control of infectious diseases within their respective scopes of responsibility.
The prevention and control of infectious diseases in the military shall be handled in accordance with this Law and relevant national regulations, and shall be supervised and managed by the health authorities of the Chinese People's Liberation Army.
Article 7 Disease prevention and control institutions at all levels are responsible for infectious disease monitoring, prediction, epidemiological investigation , epidemic reporting and other prevention and control work.
Medical institutions are responsible for the prevention and treatment of infectious diseases related to medical treatment and the prevention of infectious diseases within their areas of responsibility. Under the guidance of disease prevention and control institutions, urban communities and rural grassroots medical institutions are responsible for the corresponding infectious disease prevention and control work in urban communities and rural grassroots.
Article 8 The state develops modern medicine, traditional Chinese medicine and other traditional medicines, supports and encourages scientific research on the prevention and treatment of infectious diseases, and improves the scientific and technological level of prevention and treatment of infectious diseases.
The country supports and encourages international cooperation in the prevention and treatment of infectious diseases.
Article 9 The state supports and encourages units and individuals to participate in the prevention and control of infectious diseases. People's governments at all levels should improve relevant systems to facilitate units and individuals to participate in publicity and education, epidemic reporting, volunteer services and donation activities for the prevention and control of infectious diseases.
Resident committees and villagers committees should organize residents and villagers to participate in community and rural infectious disease prevention and control activities.
Article 10 The state carries out health education to prevent infectious diseases. News media should carry out public welfare publicity on infectious disease prevention and public health education free of charge.
Schools at all levels and types should educate students on health knowledge and infectious disease prevention knowledge.
Medical schools should strengthen preventive medicine education and scientific research, conduct preventive medicine education and training for school students and other personnel related to the prevention and control of infectious diseases, and provide technical support for the prevention and control of infectious diseases.
Disease prevention and control institutions and medical institutions should regularly train their staff on infectious disease prevention and control knowledge and skills.
Article 11 Commendations and rewards will be given to units and individuals that have made outstanding achievements and contributions in the prevention and control of infectious diseases.
Subsidies and pensions will be provided in accordance with relevant regulations to those who become ill, disabled, or die due to their participation in the prevention and control of infectious diseases.
Article 12 All units and individuals within the territory of the People's Republic of China must accept prevention and control measures such as investigation, inspection, sample collection, isolation treatment, etc. of infectious diseases from disease prevention and control agencies and medical institutions, and truthfully provide relevant information. Disease prevention and control institutions and medical institutions shall not disclose relevant information and materials involving personal privacy.
If the health administrative department and other relevant departments, disease prevention and control institutions and medical institutions illegally implement administrative management or prevention and control measures and infringe upon the legitimate rights and interests of units and individuals, the relevant units and individuals may apply for administrative review or file a lawsuit in accordance with the law.
Chapter 2 Prevention of Infectious Diseases
Article 13 People's governments at all levels shall organize mass health activities, conduct health education on the prevention of infectious diseases, advocate civilized and healthy lifestyles, improve the public's awareness and response ability to prevent and control infectious diseases, strengthen environmental sanitation, and eliminate the hazards of rodents, mosquitoes, flies and other vector organisms.
The agricultural, water conservancy, and forestry administrative departments of the people's governments at all levels shall, in accordance with the division of responsibilities, be responsible for guiding and organizing the elimination of rodent and schistosomiasis hazards in farmland, lake areas, rivers, pastures, and forest areas, as well as the hazards of other animals and vector organisms that transmit infectious diseases.
The administrative departments of railways, transportation, and civil aviation are responsible for organizing and eliminating the hazards of rodents and vector organisms such as mosquitoes and flies in transportation vehicles and related places.
Article 14 Local people's governments at all levels shall construct and renovate public health facilities in a planned manner, improve the sanitary conditions of drinking water, and conduct harmless disposal of sewage, dirt, and feces.
Article 15 The state implements a planned vaccination system. The health administrative department of the State Council and the health administrative department of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, based on the needs of infectious disease prevention and control, formulate infectious disease vaccination plans and organize their implementation. The vaccine used for vaccination must comply with national quality standards.
The country implements a vaccination certificate system for children. Vaccinations under the National Immunization Program project are free. Medical institutions, disease prevention and control institutions and children's guardians should cooperate with each other to ensure that children receive vaccinations in a timely manner. Specific measures shall be formulated by the State Council.
Article 16 The state and society should care for and help patients with infectious diseases, pathogen carriers and patients suspected of infectious diseases, so that they can receive timely treatment. No unit or individual may discriminate against patients with infectious diseases, pathogen carriers and patients with suspected infectious diseases.
Infectious disease patients, pathogen carriers and suspected infectious disease patients may not engage in work that is likely to spread the infectious disease that is prohibited by laws, administrative regulations and the health administrative department of the State Council before they are cured or before the suspicion of infectious disease is eliminated.
Article 17 The state establishes an infectious disease surveillance system.
The health administration department of the State Council formulates national infectious disease surveillance plans and programs. The health administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall formulate infectious disease surveillance plans and work plans for their respective administrative regions in accordance with the national infectious disease surveillance plans and programs.
Disease prevention and control institutions at all levels monitor the occurrence and prevalence of infectious diseases and the factors affecting their occurrence and prevalence; monitor infectious diseases that have occurred abroad but have not yet occurred in China, or new infectious diseases that have occurred domestically.
Article 18 Disease prevention and control institutions at all levels perform the following responsibilities in the prevention and control of infectious diseases:
(1) Implement infectious disease prevention and control plans, plans and programs;
(2) Collect, analyze and report infectious disease surveillance information, and predict the occurrence and epidemic trends of infectious diseases;
(3) Carry out epidemiological investigations, on-site processing and effect evaluation of infectious disease epidemics and public health emergencies;
(4) Carry out laboratory testing of infectious diseases testing, diagnosis, and pathogen identification;
(5) implements the immunization plan and is responsible for the use and management of preventive biological products;
(6) carries out health education and consultation, and popularizes knowledge on infectious disease prevention and control;
(7) guides and trains lower-level disease prevention and control institutions and their staff to carry out infectious disease surveillance;
(8) carries out applied research and health evaluation of infectious disease prevention and control, and provides technical consultation.
National and provincial disease prevention and control agencies are responsible for monitoring the occurrence, prevalence and distribution of infectious diseases, predicting the epidemic trends of major infectious diseases, proposing prevention and control strategies, participating in and guiding the investigation and processing of outbreaks, carrying out identification of the etiology of infectious diseases, establishing a testing quality control system, and carrying out applied research and health evaluation.
Districted city and county-level disease prevention and control agencies are responsible for the implementation of infectious disease prevention and control plans and programs, organizing the implementation of immunization, disinfection, and controlling the hazards of vector organisms, popularizing knowledge on infectious disease prevention and control, responsible for monitoring and reporting of epidemics and public health emergencies in the region, and conducting epidemiological surveys and detection of common pathogenic microorganisms.
Article 19 The state establishes an early warning system for infectious diseases.
The health administrative department of the State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall promptly issue early warnings of infectious diseases based on predictions of the occurrence and epidemic trends of infectious diseases, and make announcements as appropriate.
Article 20 The local people's government at or above the county level shall formulate a plan for the prevention and control of infectious diseases and submit it to the people's government at the next higher level for filing.
Infectious disease prevention and control plans should include the following main contents:
(1) The composition of the infectious disease prevention and control headquarters and the responsibilities of relevant departments;
(2) The monitoring, information collection, analysis, reporting and notification system for infectious diseases;
(3) Disease prevention and control institutions, medical The tasks and responsibilities of the institution in the event of an infectious disease epidemic;
(4) Classification of infectious disease outbreaks and epidemics, and corresponding emergency work plans;
(5) Infectious disease prevention, on-site control of epidemic areas, and the reserve and deployment of emergency facilities, equipment, treatment drugs and medical devices and other materials and technologies.
After receiving an infectious disease early warning from the health administrative department of the State Council or the people's government of a province, autonomous region, or municipality directly under the Central Government, local people's governments and disease prevention and control institutions shall take corresponding prevention and control measures in accordance with the infectious disease prevention and control plan.
Article 21 Medical institutions must strictly implement the management systems and operating specifications prescribed by the health administrative department of the State Council to prevent nosocomial infections and hospital infections of infectious diseases.
Medical institutions should identify specialized departments or personnel to be responsible for infectious disease epidemic reporting, infectious disease prevention and control within the unit, and infectious disease prevention within the area of responsibility; to be responsible for the monitoring of risk factors related to hospital infections in medical activities, safety protection, disinfection, isolation, and medical waste disposal.
Disease prevention and control institutions should designate specialized personnel to guide and assess the prevention of infectious diseases in medical institutions and conduct epidemiological investigations.
Article 22 Disease prevention and control institutions, laboratories of medical institutions and units engaged in experiments on pathogenic microorganisms shall comply with the conditions and technical standards prescribed by the state, establish a strict supervision and management system, implement strict supervision and management of samples of infectious disease pathogens in accordance with prescribed measures, and strictly prevent laboratory infections of infectious disease pathogens and the spread of pathogenic microorganisms .
Article 23 Blood collection and supply institutions and biological product production units must strictly implement relevant national regulations to ensure the quality of blood and blood products. It is prohibited to illegally collect blood or organize others to sell blood.
Disease prevention and control institutions and medical institutions must comply with relevant national regulations when using blood and blood products to prevent the occurrence of blood-borne diseases caused by transfusion of blood and use of blood products.
Article 24 People's governments at all levels shall strengthen the prevention and treatment of AIDS and adopt prevention and control measures to prevent the spread of AIDS. Specific measures shall be formulated by the State Council.
Article 25 The agricultural and forestry administrative departments of the people's governments at or above the county level and other relevant departments shall be responsible for the prevention and control of animal infectious diseases related to zoonotic infectious diseases in accordance with their respective duties.
Wild animals, livestock and poultry related to zoonotic infectious diseases can only be sold and transported after passing the quarantine.
Article 26 The state establishes a database of strains and virus strains of infectious diseases.
implement classified management on the collection, preservation, carrying, transportation and use of infectious strains, virus strains and infectious disease detection samples, and establish and improve a strict management system.
If it is necessary to collect, preserve, carry, transport and use strains, viruses and infectious disease test samples that may cause the spread of Class A infectious diseases and are specified by the health administrative department of the State Council, they must be approved by the health administrative department of the people's government at or above the provincial level. Specific measures shall be formulated by the State Council.
Article 27 For sewage, dirt, places and items contaminated by infectious disease pathogens, relevant units and individuals must carry out strict disinfection under the guidance of the disease prevention and control agency or in accordance with the hygienic requirements proposed by it; if they refuse disinfection, the local health administrative department or the disease prevention and control agency will conduct compulsory disinfection.
Article 28 If large-scale construction projects such as water conservancy, transportation, tourism, and energy are planned to be built in natural epidemic areas confirmed by the state, the disease prevention and control agency at or above the provincial level shall conduct a sanitary survey of the construction environment in advance. The construction unit shall take necessary measures to prevent and control infectious diseases based on the opinions of the disease prevention and control agency. During the construction period, the construction unit shall assign dedicated personnel to be responsible for health and epidemic prevention work on the construction site. After the project is completed, disease prevention and control agencies should monitor possible infectious diseases.
Article 29 Disinfection products used for the prevention and control of infectious diseases, drinking water supplied by drinking water supply units and products related to the hygiene and safety of drinking water shall comply with national health standards and hygiene regulations.
Drinking water supply units engaged in production or supply activities shall obtain a health license in accordance with the law.
Units that produce disinfection products for the prevention and control of infectious diseases and the production of disinfection products for the prevention and control of infectious diseases shall be subject to the approval of the health administrative department of the people's government at or above the provincial level. Specific measures shall be formulated by the State Council.
Chapter 3 Epidemic Reporting, Notification and Announcement
Article 30 When disease prevention and control institutions, medical institutions, blood collection and supply institutions and the personnel performing their duties discover an infectious disease epidemic specified in this law or discover the outbreak or prevalence of other infectious diseases or infectious diseases with unknown causes, they shall follow the principles of territorial management of epidemic reporting and report in accordance with the content, procedures, methods and time limits prescribed by the State Council or the health administrative department of the State Council.
Military medical institutions provide medical services to the public and when discovering an infectious disease epidemic specified in the preceding paragraph, they shall report it in accordance with the regulations of the health administrative department of the State Council.
Article 31 When any unit or individual discovers a patient or suspected patient with an infectious disease, it shall promptly report it to the nearby disease prevention and control agency or medical institution.
Article 32 When ports, airports, railway disease prevention and control institutions, and border health and quarantine agencies discover Class A infectious disease patients, pathogen carriers, or suspected infectious disease patients, they shall immediately report to the disease prevention and control agency at the location of the border port or the health administrative department of the local people's government at or above the county level in accordance with relevant national regulations and inform each other.
Article 33 Disease prevention and control institutions shall proactively collect, analyze, investigate, and verify infectious disease epidemic information. When receiving a report on the epidemic situation of Category A or B infectious diseases or discovering an outbreak or epidemic of an infectious disease, the local health administrative department shall immediately report it to the local people's government, and also report to the higher-level health administrative department and the health administrative department of the State Council.
Disease prevention and control institutions should establish or designate special departments and personnel to be responsible for the management of infectious disease epidemic information, and to verify and analyze epidemic reports in a timely manner.
Article 34 The health administrative departments of local people's governments at or above the county level shall promptly notify the disease prevention and control institutions and medical institutions within their respective administrative regions of the epidemic situation of infectious diseases as well as relevant information on monitoring and early warning. The disease prevention and control institutions and medical institutions that receive the notification should promptly inform the relevant personnel of their units.
Article 35 The health administrative department of the State Council shall promptly notify other relevant departments of the State Council and the health administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government with relevant information on the national epidemic situation of infectious diseases as well as monitoring and early warning information.
Adjacent and relevant local people's government health administrative departments shall promptly notify each other of the epidemic situation of infectious diseases in their respective administrative areas as well as relevant information on monitoring and early warning.
When relevant departments of the people's government at or above the county level discover an infectious disease epidemic, they shall promptly report it to the health administrative department of the people's government at the same level.
When the health administrative department of the Chinese People's Liberation Army discovers an infectious disease epidemic, it shall report it to the health administrative department of the State Council.
Article 36 Animal epidemic prevention agencies and disease prevention and control agencies shall promptly notify each other of zoonotic infectious disease epidemics and related information that occur among animals and humans.
Article 37 Relevant departments of the people's government, disease prevention and control institutions, medical institutions, blood collection and supply institutions and their staff who have the responsibility for reporting infectious disease epidemics in accordance with the provisions of this Law shall not conceal, falsely report, or delay reporting of infectious disease epidemics.
Article 38 The state establishes an information disclosure system for infectious disease epidemics.
The health administration department of the State Council regularly publishes information on the epidemic situation of infectious diseases across the country. The health administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government regularly publish information on the epidemic situation of infectious diseases in their respective administrative regions.
When an infectious disease breaks out or becomes popular, the health administrative department of the State Council is responsible for announcing the epidemic information of infectious diseases to the public, and may authorize the health administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government to disclose to the public information on the epidemic situation of infectious diseases in their respective administrative regions.
Information on infectious disease epidemics should be released in a timely and accurate manner.
Chapter 4 Epidemic Control
Article 39 When medical institutions discover Class A infectious diseases, they should promptly take the following measures:
(1) Patients and pathogen carriers should be isolated for treatment, and the isolation period is determined based on the results of medical examinations;
(2) Suspected patients should be isolated and treated in designated places before diagnosis;
(3) Patients, pathogen carriers, and close contacts of suspected patients in medical institutions should be subject to medical observation and other necessary preventive measures should be taken.
If someone refuses isolation treatment or leaves the isolation treatment without authorization before the isolation period is over, the public security organs can assist the medical institution in taking compulsory isolation treatment measures.
When medical institutions discover patients with Category B or C infectious diseases, they shall take necessary treatment and transmission control measures according to their condition.
Medical institutions must disinfect and harmlessly dispose of sites, items and medical waste contaminated by infectious disease pathogens in accordance with laws and regulations.
Article 40 When the disease prevention and control agency discovers an infectious disease epidemic or receives a report of an infectious disease epidemic, it shall promptly take the following measures:
(1) Conduct an epidemiological investigation of the infectious disease epidemic, make suggestions for demarcating epidemic points and epidemic areas based on the investigation, carry out sanitation treatment of contaminated places, conduct medical observation and take other necessary preventive measures in designated places for close contacts, and report to the health administration The department proposes an epidemic control plan;
(2) When an infectious disease breaks out or becomes popular, carry out sanitary treatment of epidemic spots and areas, propose an epidemic control plan to the health administrative department, and take measures in accordance with the requirements of the health administrative department;
(3) Guide lower-level disease prevention and control agencies to implement infectious disease prevention and control measures, and organize and guide relevant units to handle the infectious disease epidemic.
Article 41: For persons in places where cases of Class A infectious diseases have occurred or in specific areas within such places, the local people's government at or above the county level may implement isolation measures and report to the higher-level people's government at the same time; the higher-level people's government that receives the report shall immediately make a decision on whether to approve. If the superior people's government makes a decision not to approve, the people's government that implemented the isolation measures shall immediately lift the isolation measures.
During the isolation period, the people's government that implements isolation measures shall provide living security for the quarantined persons; if the quarantined persons have a work unit, the unit where they work shall not stop paying their work remuneration during the isolation period.
The lifting of isolation measures shall be decided and announced by the original decision-making authority.
Article 42 When an infectious disease breaks out or becomes prevalent, the local people's government at or above the county level shall immediately organize forces to carry out prevention and control in accordance with prevention and control plans, and cut off the transmission routes of the infectious disease. If necessary, after reporting to the people's government at the next higher level for decision, the following emergency measures may be taken and announced:
(1) Restrict or stop performances in markets, theaters, or other crowd gathering activities;
(2) Suspend work, business, and classes;
(3) Close or seal public drinking water sources, food, and related items contaminated by infectious disease pathogens;
(4) Control or cull infected wild animals, livestock and poultry;
(5) Close places that may cause the spread of infectious diseases.
When the people's government at the higher level receives the report from the people's government at the lower level regarding the adoption of the emergency measures listed in the preceding paragraph, it shall make an immediate decision.
The lifting of emergency measures shall be decided and announced by the original decision-making authority.
Article 43 When a Class A or Class B infectious disease breaks out or becomes popular, the local people's government at or above the county level may declare part or all of its administrative region as an epidemic area after reporting to the people's government at the next higher level for a decision; the State Council may decide and declare an epidemic area that spans provinces, autonomous regions, and municipalities directly under the Central Government. Local people's governments at or above the county level may take emergency measures stipulated in Article 42 of this Law in the epidemic area, and may implement health quarantine on personnel, materials and transportation vehicles entering and exiting the epidemic area.
The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may decide to blockade epidemic areas of Class A infectious diseases within their own administrative regions; however, blockade of epidemic areas in large and medium-sized cities or blockade of epidemic areas across provinces, autonomous regions, and municipalities directly under the Central Government, and blockade of epidemic areas resulting in the interruption of main line transportation or blockade of national borders shall be decided by the State Council.
The lifting of the blockade in epidemic areas shall be decided and announced by the original decision-making authority.
Article 44 When a Class A infectious disease occurs, traffic health quarantine may be implemented in order to prevent the spread of the infectious disease through means of transportation and the people and materials carried thereon. Specific measures shall be formulated by the State Council.
Article 45 When an infectious disease breaks out or becomes popular, the State Council has the authority to urgently mobilize personnel or reserve materials, and temporarily requisition houses, transportation vehicles, and related facilities and equipment nationwide or across provinces, autonomous regions, and municipalities directly under the Central Government, within the scope of the country or across provinces, autonomous regions, and municipalities directly under the Central Government, according to the needs of epidemic control.
Where personnel are mobilized in an emergency, reasonable remuneration shall be given in accordance with regulations.If houses, vehicles, and related facilities and equipment are temporarily requisitioned, compensation shall be provided in accordance with the law; if they can be returned, they shall be returned in a timely manner.
Article 46 If a person dies of a Class A infectious disease or anthrax, the body shall be sanitized immediately and cremated nearby. For those who died of other infectious diseases, if necessary, the body should be sanitized and then cremated or buried deeply in accordance with regulations.
In order to find the cause of infectious diseases, medical institutions may, when necessary, conduct autopsy examinations on the corpses of patients with infectious diseases or the corpses of patients suspected of infectious diseases in accordance with the provisions of the health administration department of the State Council, and shall notify the family members of the deceased.
Article 47 Articles that are contaminated or may be contaminated by infectious pathogens in epidemic areas and can be used after disinfection must be disinfected under the guidance of the local disease prevention and control agency before they can be used, sold or transported.
Article 48 When an infectious disease epidemic occurs, disease prevention and control institutions and other professional and technical institutions related to infectious diseases designated by the health administrative departments of the people's governments at or above the provincial level may enter infectious disease epidemic points and areas to conduct investigations, collect samples, technical analysis and inspections.
Article 49 When an infectious disease breaks out or becomes popular, pharmaceutical and medical device production and supply units shall promptly produce and supply drugs and medical devices for the prevention and treatment of infectious diseases. Railway, transportation, and civil aviation operating units must give priority to transporting personnel dealing with infectious diseases as well as drugs and medical equipment for preventing and treating infectious diseases. Relevant departments of the people's governments at or above the county level shall do a good job in organizing and coordinating the work.
Chapter 5 Medical Treatment
Article 50 People's governments at or above the county level shall strengthen and improve the construction of infectious disease medical treatment service networks, designate medical institutions with the conditions and capabilities to treat infectious diseases to undertake the task of treating infectious diseases, or set up infectious disease hospitals according to the needs for infectious disease treatment.
Article 51 The basic standards, architectural design and service processes of medical institutions should meet the requirements for preventing hospital infections of infectious diseases.
Medical institutions should disinfect the medical equipment used in accordance with regulations; medical equipment that is used once in accordance with regulations should be destroyed after use.
Medical institutions shall take corresponding measures to improve their medical treatment capabilities for infectious diseases in accordance with the diagnostic standards and treatment requirements for infectious diseases stipulated by the health administration department of the State Council.
Article 52 Medical institutions shall provide medical aid, on-site rescue, and treatment for patients with infectious diseases or suspected infectious diseases, write medical records and other relevant materials, and properly keep them.
Medical institutions should implement an infectious disease pre-examination and triage system; patients with infectious diseases or suspected infectious diseases should be directed to relatively isolated triage points for initial diagnosis. If a medical institution does not have the corresponding treatment capabilities, it should transfer the patient and a copy of his medical record to a medical institution that has the corresponding treatment capabilities. Specific measures shall be prescribed by the health administrative department of the State Council.
Chapter 6 Supervision and Management
Article 53 The health administrative departments of the people's governments at or above the county level shall perform the following supervision and inspection responsibilities for the prevention and control of infectious diseases:
(1) Supervise and inspect the performance of the responsibilities for the prevention and control of infectious diseases stipulated in this Law by the health administrative departments of the people's governments at the lower levels;
(2) Supervise and inspect the prevention and control of infectious diseases by disease prevention and control institutions and medical institutions;
(3) Supervise and inspect the blood collection and supply activities of blood collection and supply institutions;
( 4) Supervise and inspect disinfection products used for the prevention and control of infectious diseases and their production units, and supervise and inspect drinking water supply units engaged in production or supply activities and products related to the hygiene and safety of drinking water;
(5) Supervise and inspect the collection, preservation, carrying, transportation, and use of infectious strains, virus strains, and infectious disease detection samples;
(6) Supervise and inspect the sanitary conditions and infectious disease prevention and control measures in public places and relevant units.
The health administrative departments of people's governments at or above the provincial level are responsible for organizing the handling of major matters related to the prevention and control of infectious diseases.
Article 54 When performing supervision and inspection duties, the health administrative departments of the people's governments at or above the county level have the right to enter the inspected units and the sites where infectious diseases occur to investigate and collect evidence, review or copy relevant materials and collect samples. The unit being inspected shall cooperate and shall not refuse or obstruct.
Article 55: When performing supervision and inspection duties, the health administrative departments of local people's governments at or above the county level discover public drinking water sources, food and related items contaminated by infectious disease pathogens. If control measures are not taken in a timely manner, which may lead to the spread and epidemic of infectious diseases, they may take temporary control measures of closing public drinking water sources, sealing food and related items, or suspending sales, and inspect or disinfect them. Food found to be contaminated upon inspection shall be destroyed; control measures shall be lifted for uncontaminated food or items that can be used after disinfection.
Article 56 When performing their duties in accordance with the law, there should be no less than two people working in the health administrative department, and they should present their law enforcement certificates and fill in health law enforcement documents.
After the health law enforcement documents are verified to be correct, they should be signed by the health law enforcement personnel and the parties involved. If the party concerned refuses to sign, health law enforcement personnel should indicate the situation.
Article 57 The health administrative department shall establish and improve an internal supervision system in accordance with the law to supervise the performance of its staff's duties in accordance with legal powers and procedures.
If the higher-level health administrative department discovers that the lower-level health administrative department fails to handle matters within the scope of its duties in a timely manner or fails to perform its duties, it shall order it to make corrections or deal with it directly.
Article 58 When performing their duties, the health administrative department and its staff shall consciously accept the supervision of society and citizens. Units and individuals have the right to report violations of this law to the higher-level people's government and its health administrative department. The relevant people's government or its health administrative department that receives the report shall investigate and deal with it in a timely manner.
Chapter 7 Safeguard Measures
Article 59 The state shall incorporate the prevention and control of infectious diseases into the national economic and social development plan, and the local people's governments at or above the county level shall incorporate the prevention and control of infectious diseases into the national economic and social development plans of their respective administrative regions.
Article 60: Local people's governments at or above the county level shall be responsible for the daily expenses for the prevention, control and supervision of infectious diseases within their respective administrative regions in accordance with the responsibilities of the governments at the same level.
The health administration department of the State Council, in conjunction with relevant departments of the State Council, determines national infectious disease prevention, control, treatment, monitoring, prediction, early warning, supervision and inspection projects based on the epidemic trends of infectious diseases. The central government provides subsidies for the implementation of major infectious disease prevention and control projects in difficult areas.
The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, based on the epidemic trends of infectious diseases within their respective administrative regions and within the project scope determined by the health administration department of the State Council, determine infectious disease prevention, control, supervision and other projects, and ensure the implementation funds of the projects.
Article 61 The state shall strengthen the construction of the grassroots infectious disease prevention and control system and support the prevention and control of infectious diseases in poor areas and minority areas.
Local people's governments at all levels should ensure funding for infectious disease prevention work in urban communities and rural grassroots.
Article 62 The state provides medical assistance and reduces or exempts medical expenses to needy people suffering from specific infectious diseases. Specific measures shall be formulated by the health administrative department of the State Council in conjunction with the financial department of the State Council and other departments.
Article 63 The people's governments at or above the county level are responsible for storing drugs, medical equipment and other materials for the prevention and treatment of infectious diseases in preparation for deployment.
Article 64 For personnel engaged in infectious disease prevention, medical treatment, scientific research, teaching, and on-site epidemic management, as well as other personnel exposed to infectious disease pathogens during production and work, relevant units shall, in accordance with national regulations, adopt effective health protection and medical care measures, and provide appropriate subsidies.
Chapter 8 Legal Responsibilities
Article 65 If local people's governments at all levels fail to perform their reporting duties in accordance with the provisions of this Law, or conceal, lie about, or delay the reporting of infectious disease epidemics, or fail to promptly organize treatment and take control measures when an infectious disease breaks out or becomes popular, the people's government at the higher level shall order corrections and circulate a notice of criticism; if it causes the spread or epidemic of infectious diseases or other serious consequences, the responsible person in charge shall be given administrative sanctions in accordance with the law; if a crime is constituted, criminal responsibility shall be pursued in accordance with the law.
Article 66 If the health administration department of the people's government at or above the county level violates the provisions of this law and commits any of the following circumstances, the health administration department of the people's government at the same level or the people's government at the next higher level shall order corrections and circulate a notice of criticism; if it causes the spread, epidemic or other serious consequences of infectious diseases, the responsible person in charge and other directly responsible persons shall be given administrative sanctions in accordance with the law; if a crime is constituted, criminal liability shall be investigated in accordance with the law:
(1) Failure to perform the duty of notifying, reporting or publishing infectious disease epidemics in accordance with the law, or concealing, making false reports, Delay in reporting the epidemic situation of infectious diseases;
(2) Failure to take preventive and control measures in a timely manner when the spread of infectious diseases occurs or is likely to occur;
(3) Failure to perform supervision and inspection duties in accordance with the law, or failure to investigate and deal with illegal activities in a timely manner;
(4) Failure to promptly investigate and handle reports from units and individuals on the failure of lower-level health administrative departments to perform their duties of preventing and controlling infectious diseases;
(5) Other dereliction of duty and malfeasance in violation of this law.
Article 67 If the relevant departments of the people's governments at or above the county level fail to perform their duties of preventing, controlling and safeguarding infectious diseases in accordance with the provisions of this Law, the people's government at the same level or the relevant departments of the people's government at the next higher level shall order corrections and circulate a notice of criticism; if it causes the spread or epidemic of infectious diseases or other serious consequences, the responsible person in charge and other directly responsible persons shall be given administrative sanctions in accordance with the law; if a crime is constituted, criminal responsibility shall be pursued in accordance with the law.
Article 68 If a disease prevention and control institution violates the provisions of this Law and commits any of the following circumstances, the health administrative department of the people's government at or above the county level shall order it to make corrections within a time limit, circulate a notice of criticism, and issue a warning; the responsible person in charge and other directly responsible personnel shall be demoted, dismissed, or fired in accordance with the law. The person responsible shall be punished according to law, and the practicing certificate of the relevant responsible person may be revoked in accordance with the law; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law:
(1) Failure to perform infectious disease monitoring duties in accordance with the law;
(2) Failure to perform infectious disease epidemic reporting in accordance with the law
(3) Failure to proactively collect information on infectious disease epidemics, or failure to promptly analyze, investigate, and verify infectious disease epidemic information and epidemic reports; (4) Failure to promptly take measures stipulated in this law in accordance with duties when an infectious disease epidemic is discovered; (5) Intentionally leaking relevant personal privacy information and materials of infectious disease patients, pathogen carriers, suspected infectious disease patients, and close contacts.
Article 69 If a medical institution violates the provisions of this Law and commits any of the following circumstances, the health administrative department of the people's government at or above the county level shall order it to make corrections, circulate criticism, and give warnings; if it causes the spread or epidemic of infectious diseases or other serious consequences, the responsible person in charge and other directly responsible personnel shall be punished by demotion, dismissal, or expulsion in accordance with the law, and the practicing certificates of the relevant responsible personnel may be revoked in accordance with the law; this constitutes a crime
(1) Failure to undertake the prevention and control of infectious diseases of the unit, hospital infection control tasks, and prevention of infectious diseases within the area of responsibility in accordance with regulations;
(2) Failure to report the epidemic situation of infectious diseases in accordance with regulations, or concealment, false reporting, or delayed reporting of the epidemic situation of infectious diseases;
(3) Infection discovered During an epidemic, fail to provide medical aid, on-site rescue, admission, and referral to patients with infectious diseases or suspected infectious diseases in accordance with regulations, or refuse to accept referrals;
(4) Failure to disinfect or harmlessly dispose of places, items, and medical waste contaminated by infectious disease pathogens in the unit in accordance with regulations;
(5) Failure to disinfect or innocuously dispose of places, items, and medical waste contaminated by infectious disease pathogens in accordance with regulations; Disinfecting medical equipment, or reusing medical equipment that has been used once according to regulations without destroying it;
(6) Failure to keep medical records in accordance with regulations during the medical treatment process;
(7) Intentionally leaking relevant personal privacy information and materials of patients with infectious diseases, pathogen carriers, suspected patients with infectious diseases, and close contacts.
Article 70 If a blood collection and supply institution fails to report the epidemic situation of an infectious disease in accordance with regulations, or conceals, falsely reports, or delays reporting the epidemic situation of an infectious disease, or fails to implement relevant national regulations, resulting in the occurrence of blood-borne diseases due to blood transfusion, the health administrative department of the people's government at or above the county level shall order it to make corrections, circulate criticism, and impose Warning; if it causes the spread or epidemic of infectious diseases or other serious consequences, the responsible person in charge and other directly responsible personnel will be demoted, dismissed, or fired in accordance with the law, and the practice license of the blood collection and supply institution may be revoked in accordance with the law; if a crime is constituted, criminal responsibility will be pursued in accordance with the law.
Anyone who illegally collects blood or organizes others to sell blood shall be banned by the health administrative department of the people's government at or above the county level, illegal income shall be confiscated, and a fine of not more than 100,000 yuan may be imposed; if a crime is constituted, criminal responsibility shall be pursued in accordance with the law.
Article 71 If frontier health and quarantine agencies or animal epidemic prevention agencies fail to perform their duties of reporting infectious disease epidemics in accordance with the law, the relevant departments shall order corrections within the scope of their respective duties and report criticism; if it causes the spread, epidemic or other serious consequences of infectious diseases, the responsible person in charge and other directly responsible personnel shall be punished by demotion, dismissal, or expulsion in accordance with the law; if a crime is constituted, criminal responsibility shall be pursued in accordance with the law.
Article 72 If a railway, transportation or civil aviation operating unit fails to give priority to transporting personnel for handling infectious diseases as well as medicines and medical equipment for preventing and treating infectious diseases in accordance with the provisions of this Law, the relevant departments shall order it to make corrections within a time limit and give a warning; if serious consequences are caused, the responsible person in charge and other directly responsible personnel shall be given sanctions of demotion, dismissal, or expulsion in accordance with the law.
Article 73 Anyone who violates the provisions of this Law and has one of the following circumstances that causes or may cause the spread or epidemic of infectious diseases shall be ordered to make corrections within a time limit by the health administrative department of the people's government at or above the county level, the illegal income shall be confiscated, and a fine of not more than 50,000 yuan may be imposed; if a license has been obtained, the original license-issuing department may temporarily withhold or revoke the license in accordance with the law; if a crime is constituted, criminal liability shall be investigated in accordance with the law:
(1) The drinking water supplied by the drinking water supply unit does not meet the national health standards and hygiene regulations;
(2) Products related to the sanitation and safety of drinking water do not meet national health standards and hygienic norms;
(3) Disinfection products used for the prevention and control of infectious diseases do not meet national health standards and hygienic norms;
(4) Products that are contaminated or may be contaminated by infectious pathogens in epidemic areas are sold or transported without disinfection;
(5) Blood products produced by biological products production units do not meet national quality standards.
Article 74 Anyone who violates the provisions of this Law and commits any of the following circumstances shall be ordered to make corrections, criticized and given a warning by the health administration department of the local people's government at or above the county level. If a license has been obtained, the license may be temporarily withheld or revoked in accordance with the law; if the license is caused by the spread or epidemic of infectious diseases or other serious consequences, the person responsible shall be held liable. Responsible supervisors and other directly responsible personnel shall be demoted, dismissed, or expelled in accordance with the law, and the relevant responsible personnel's practicing certificates may be revoked in accordance with the law; if a crime is constituted, criminal liability shall be investigated in accordance with the law:
(1) Disease prevention and control institutions, medical institutions Institutions and units engaged in experiments on pathogenic microorganisms do not meet the conditions and technical standards stipulated by the state, and do not strictly manage samples of infectious pathogens in accordance with regulations, resulting in laboratory infections and the spread of pathogenic microorganisms;
(2) Violating relevant national regulations, collecting, preserving, carrying, transporting and using infectious strains, virus strains and infectious disease testing samples;
(3) Disease prevention and control institutions and medical institutions fail to implement relevant national regulations, resulting in the occurrence of blood-borne diseases caused by transfusion of blood and use of blood products.
Article 75 Anyone who sells or transports wild animals, livestock and poultry related to zoonotic infectious diseases without quarantine shall be ordered by the animal husbandry and veterinary administrative department of the local people's government at or above the county level to stop the illegal behavior and be given administrative penalties in accordance with the law.
Article 76 If large-scale construction projects such as water conservancy, transportation, tourism, and energy are built in natural epidemic areas confirmed by the state without sanitary investigation, or if necessary infectious disease prevention and control measures are not taken in accordance with the opinions of the disease prevention and control agency, the health administrative department of the people's government at or above the county level shall order corrections within a time limit, issue a warning, and impose a fine of not less than 5,000 yuan but not more than 30,000 yuan; if corrections are made within the time limit, a fine of not less than 30,000 yuan but not more than 100,000 yuan will be imposed, and the relevant people's government may be ordered to suspend construction or close down based on its duties and powers.
Article 77 Any unit or individual that violates the provisions of this Law, causing the spread and prevalence of infectious diseases, and causing damage to others' persons or property, shall bear civil liability in accordance with the law.
Chapter 9 Supplementary Provisions
Article 78 The meaning of the following terms in this law:
(1) Infectious disease patients and suspected infectious disease patients: refers to people who meet the diagnostic standards for infectious disease patients and suspected infectious disease patients according to the "Diagnostic Standards for Infectious Diseases Managed by the Law of the People's Republic of China on the Prevention and Control of Infectious Diseases" issued by the health administration department of the State Council.
(2) Pathogen carriers: refers to people who are infected with pathogens but have no clinical symptoms but can excrete the pathogens.
(3) Epidemiological investigation: refers to the investigation and study of the distribution of diseases or health conditions among the population and their determinants, and the proposing of disease prevention and control measures and health care countermeasures.
(4) Epidemic spot: refers to a small area or a single epidemic source where the pathogen spreads from the source of infection to the surrounding area.
(5) Epidemic area: refers to the area where an infectious disease breaks out and becomes popular among the population, and its pathogens spread to the surrounding areas.
(6) Zoonotic infectious diseases: refers to infectious diseases that humans and vertebrate animals suffer from together, such as plague, rabies, schistosomiasis, etc.
(7) Natural epidemic foci: refers to areas where certain pathogens that can cause human infectious diseases exist and circulate among wild animals in nature for a long time.
(8) Vector organisms: refers to organisms that can transmit pathogens from humans or other animals to humans, such as mosquitoes, flies, fleas, etc.
(9) Nosocomial infection: refers to infections caused by the spread of pathogens in medical services.
(10) Hospital infections: refers to infections acquired by inpatients in the hospital, including infections that occur during hospitalization and infections that occur after discharge from the hospital, but do not include infections that have started before admission or are in the incubation period at the time of admission. Infections acquired by hospital staff in the hospital are also nosocomial infections.
(11) Laboratory infection: refers to the infection caused by exposure to pathogens while doing laboratory work.
(12) Bacterial strains and virus strains: refers to bacterial strains and virus strains that may cause the occurrence of infectious diseases specified in this law.
(13) Disinfection: refers to the use of chemical, physical, and biological methods to kill or eliminate pathogenic microorganisms in the environment.
(14) Disease prevention and control institutions: refers to the Centers for Disease Control and Prevention that engage in disease prevention and control activities and units with the same business activities as the above-mentioned institutions.
(15) Medical institutions: refers to institutions that have obtained a medical institution practice license in accordance with the "Regulations on the Administration of Medical Institutions" and engage in disease diagnosis and treatment activities.
Article 79 Regarding the management of food, medicine, blood, water, medical waste and pathogenic microorganisms as well as animal epidemic prevention and border health quarantine in the prevention and control of infectious diseases, if this law does not provide for them, the provisions of other relevant laws and administrative regulations shall apply respectively.
Article 80 This Law shall come into effect on December 1, 2004.
