Regulation on the Prevention and Treatment of HIV/AIDS (2019 Revision)

Regulation on the Prevention and Treatment of HIV/AIDS (2019 Revision) Regulation on the Prevention and Treatment of HIV/AIDS (Promulgated by Order No. 457 of the State Council of the People's Republic of China on January 29, 2006; and amended in accordance with the Decision of the State Council to Amend Certain Administrative Regulations on March 2, 2019) Chapter I General Provisions Article 1 The present Regulation is formulated in accordance with the Law on the Prevention and Treatment of Epidemic Diseases for the purpose of preventing and controlling the occurrence and spread of HIV/AIDS, and ensuring physical health and public health. Article 2 The guidelines of laying emphasis on prevention, and combining prevention with treatment shall be adhered to for the work of HIV/AIDS prevention and treatment, and the mechanism of organization and guidance by government with each department performing its own functions respectively, and the common participation of the whole society shall be established. Publicity and education shall be strengthened. And such measures as behavioral interventions and care and support shall be adopted to implement comprehensive prevention and treatment. Article 3 No entity or individual may discriminate against people infected with HIV, AIDS sufferers, and their family members. The lawful rights and interests enjoyed by the people infected with HIV, AIDS sufferers, and their family members in marriage, employment, medical treatment, and education shall be protected by law. Article 4 The people's governments at or above the county level shall give guidance to the work for prevention and treatment uniformly, establish and perfect coordinated mechanism for the work of HIV/AIDS prevention and treatment and work responsibility system, and make examination and supervision on the work for HIV/AIDS prevention and treatment undertaken by the relevant departments. The relevant departments of the people's governments at or above the county level shall be responsible for HIV/AIDS prevention and treatment and the supervision and administration thereof according to their divisions of functions. Article 5 The competent department of health of the State Council shall formulate national planning for HIV/AIDS prevention and treatment together with the other relevant departments of the State Council. The local people's governments at or above the county level shall, according to the provisions of the present Regulation and the national planning for HIV/AIDS prevention and treatment, formulate and organize the implementation of the action plan for HIV/AIDS prevention and treatment within their own administrative regions. Article 6 The state encourages and supports trade unions, communist youth leagues, women's federations, and the Red Cross, and other organizations to assist the people's governments at all levels to carry out the work for HIV/AIDS prevention and treatment. The residents' committees and the villagers' committees shall assist the local people's governments at all levels and the relevant departments of the governments to carry out publicity and education on relevant laws, regulations, policies, and knowledge for HIV/AIDS prevention and treatment, develop the public welfare undertakings in respect of HIV/AIDS prevention and treatment, and do a good job for HIV/AIDS prevention and treatment. Article 7 The people's governments at all levels and the relevant departments of the governments shall take measures to encourage and support the relevant organizations and individuals to participate in the work for HIV/AIDS prevention and treatment in accordance with the provisions of the present Regulation and the requirements of the national planning for HIV/AIDS prevention and treatment and the action plan for HIV/AIDS prevention and treatment, and make donations on the work for HIV/AIDS prevention and treatment, and conduct behavioral interventions on the group of people with risky behaviors of HIV infection, and provide care and support to the people infected with HIV, AIDS sufferers, and their family members. Article 8 The state encourages and supports the carrying out of scientific research relating to the prevention, diagnosis, and treatment of HIV/AIDS to improve the scientific and technical level for HIV/AIDS prevention and treatment, encourages and supports the carrying out of clinical treatment and research on HIV/AIDS prevention and treatment through traditional medicines and through combining traditional medicines and modern medicines. The state encourages and supports the carrying out of international cooperation and exchange on the work for HIV/AIDS prevention and treatment. Article 9 The relevant departments of the people's governments at or above the county level shall give commendation and awards to the entities and individuals who have made great achievements in and contributions to the work for HIV/AIDS prevention and treatment. Anyone who suffers from AIDS, loses labor capacity, or dies of HIV infection due to his participation in the work for HIV/AIDS prevention and treatment or execution of public affairs shall be given subsidy or preferential treatment. Chapter II Publicity and Education Article 10 The local people's governments at all levels and the relevant departments of the governments shall organize to carry out publicity and education on HIV/AIDS prevention and treatment, and care and anti-discrimination on people infected with HIV, AIDS sufferers, and their family members, advocate health and civilized ways of living, and create a better social environment for HIV/AIDS prevention and treatment. Article 11 The local people's governments at all levels and the relevant departments of the governments shall set up fixed billboards for HIV/AIDS prevention and treatment or post public welfare advertisements on HIV/AIDS prevention and treatment, or organize to distribute publicity materials for HIV/AIDS prevention and treatment at stations, wharfs, airports, parks, and other public places, and the eye-catching places of passenger trains and vessels undertaking passenger transport, and other public means of transport. Article 12 The competent departments of health of the people's governments at or above the county level shall strengthen the work for publicity and education on HIV/AIDS prevention and treatment, and render technical support to the relevant departments, organizations and individuals that carry out the work for the publicity and education on HIV/AIDS prevention and treatment. Medical institutions shall organize their staff members to study the relevant laws, regulations, policies, and knowledge on HIV/AIDS prevention and treatment. Medical personnel shall carry out publicity and education on HIV/AIDS prevention and treatment to the patients when carrying out counseling, diagnosis, and treatment of AIDS, venereal diseases, and other relevant diseases. Article 13 The competent departments of education of the people's governments at or above the county level shall give guidance and urge higher education institutions, secondary vocational schools, and regular secondary schools to bring the knowledge on HIV/AIDS prevention and treatment into the relevant curriculum, and carry out the relevant after-school educational activities. Higher education institutions, secondary vocational schools, and regular secondary schools shall organize their students to study the knowledge on HIV/AIDS prevention and treatment. Article 14 The health departments of the people's governments at or above the county level shall organize the carrying out of publicity and education on HIV/AIDS prevention and treatment by making use of the network for publicity and technical service of family planning. The family planning technical service institutions shall carry out publicity and education on HIV/AIDS prevention and treatment when providing technical services on family planning and reproductive health service to people of child-bearing age. Article 15 The relevant departments of the people's governments at or above the county level and the institutions undertaking intermediary labor services shall strengthen publicity and education of HIV/AIDS prevention and treatment on migrant workers. Article 16 The entry-exit inspection and quarantine organs shall strengthen the work for publicity and education on HIV/AIDS prevention and treatment at the entry ports, and provide pertinent HIV/AIDS prevention and treatment counseling and guidance to the entry-exit personnel. Article 17 The state encourages and supports the women's federations and the Red Cross to carry out publicity and education on HIV/AIDS prevention and treatment, and bring the publicity and education on HIV/AIDS prevention and treatment into the contents of work for women and children, so as to improve the consciousness and ability of women for HIV/AIDS prevention, and organize the members of the Red Cross and the volunteers thereof to carry out publicity and education on HIV/AIDS prevention and treatment. Article 18 The local people's governments at all levels and the relevant departments of the governments shall take measures to encourage and support the relevant organizations and individuals to carry out HIV/AIDS prevention and treatment counseling, guidance, and publicity and education for the group of people with risky behaviors of HIV infection. Article 19 Radios, televisions, newspapers and periodicals, and internets, and other news media shall carry out public welfare publicity on HIV/AIDS prevention and treatment. Article 20 Any organ, public organization, enterprise or institution, or individual economic organization shall organize the practitioners of its own entity to study the relevant laws, regulations, policies, and knowledge on HIV/AIDS prevention and treatment, and support the practitioners of its own entity to participate in the activities of publicity and education on HIV/AIDS prevention and treatment. Article 21 The local people's governments at or above the county level shall open telephone counseling service for HIV/AIDS prevention and treatment at medical institutions, so as to provide the general public with counseling service and guidance for HIV/AIDS prevention and treatment. Chapter III Prevention and Control Article 22 The state shall establish and perfect HIV/AIDS monitoring network. The competent department of health of the State Council shall formulate national HIV/AIDS monitoring planning and scheme. The competent department of health of the people's government at a province, autonomous region, and municipality directly under the Central Government shall, according to the national HIV/AIDS monitoring planning and scheme, formulate HIV/AIDS monitoring plan and work scheme for its own administrative region, and organize to carry out HIV/AIDS monitoring and special subject investigations, so as to master the change of HIV/AIDS epidemic situation and epidemic trend. The disease prevention and control organs shall be responsible for carrying out monitoring on the occurrence and spread of HIV/AIDS and the factors affecting its occurrence and spread. The entry-exit inspection and quarantine organs shall be responsible for making HIV/AIDS monitoring on entry-exit personnel, and report the monitoring result to the competent departments of health in a timely manner. Article 23 The state shall implement HIV voluntary counseling and testing system. The medical institutions designated by the competent departments of health of the local people's governments at or above the county level shall, in accordance with the measures for HIV voluntary counseling and testing formulated by the competent department of health of the State Council together with other relevant departments of the State Council, provide free counseling and preliminary screening on those who accept HIV counseling and testing voluntarily. Article 24 The competent department of health of the State Council may, together with other relevant departments of the State Council, prescribe the circumstances under which the HIV testing shall be conducted upon the need for the prevention and control of HIV/AIDS. Article 25 The competent department of health of the people's governments at or above the provincial level shall, according to the arrangement of medical institutions and t......