Law of the People's Republic of China on Prevention and Treatment of Infectious Diseases (2013 Amendment)

Law of the People's Republic of China on Prevention and Treatment of Infectious Diseases (2013 Amendment) Law of the People's Republic of China on Prevention and Treatment of Infectious Diseases (Adopted at the Sixth Session of the Standing Committee of the Seventh National People's Congress on February 21, 1989; revised at the 11th Session of the Standing Committee of the Tenth National People's Congress on August 28, 2004; amended in accordance with the Decision of the Standing Committee of the National People's Congress on Amending the Cultural Relics Protection Law of the People's Republic of China and Other Eleven Laws as adopted at the Third Session of the Standing Committee of the Twelfth National People's Congress on June 29, 2013 ) Contents Chapter I General Provisions Chapter II Prevention of Infectious Diseases Chapter III Reporting on, Releasing Information on and Announcing the Epidemic Situation Chapter IV Control of the Epidemic Situation Chapter V Medical Treatment Chapter VI Supervision and Control Chapter VII Guarantee Measures Chapter VIII Legal Responsibility Chapter IX Supplementary Provisions Chapter I General Provisions Article 1 This Law is enacted in order to prevent, control and put an end to the outbreak and spread of infectious diseases and to ensure the health of the people and public sanitation. Article 2 With respect to prevention and treatment of infectious diseases, the State implements a policy of putting emphasis on prevention, combining prevention with treatment, exercising classified control, and relying on science and the masses. Article 3 The infectious diseases governed by this Law are divided into Classes A, B and C. Infectious diseases under Class A are plague and cholera. Infectious diseases under Class B are infectious SARS, AIDS, viral hepatitis, poliomyelitis, highly pathogenic avian influenza, measles, epidemic hemorrhagic fever, rabies, epidemic encephalitis B, dengue fever, anthrax, bacillary and amebic dysentery, pulmonary tuberculosis, typhoid and paratyphoid, epidemic cerebrospinal meningitis, pertussis, diphtheria, tetanus infantum, scarlet fever, brucellosis, gonorrhoea, syphilis, leptospirosis, schistosomiasis and malaria. Infectious diseases under Class C are influenza, epidemic parotitis, rubella, acute hemorrhagic conjunctivitis, leprosy, epidemic and endemic typhus, kala-azar, echinococcosis, filariasis, and infectious diarrhea other than cholera, bacillary and amebic dysentery, typhoid and paratyphoid. The health administration department under the State Council shall, depending on the outbreak and prevalence situation of and the extent of the harm done by infectious diseases, decide upon increasing, decreasing or adjusting the infectious diseases under Class B or C, and make an announcement. Article 4 With respect to the infectious SARS, pulmonary anthrax in anthrax and highly pathogenic avian influenza that infects human beings, included in the infectious diseases under Class B, the measures for prevention and control of infectious diseases under Class B, the measures for prevention and control of infectious diseases under Class A , as mentioned in this Law, shall be taken. With respect to the other infectious diseases under Class B and the infectious diseases the causes for the outbreak of which are uncertain and for which the measures for prevention and control of infectious diseases under Class A, as mentioned in this Law, need to be taken, the health administration department under the State Council shall, without delay, report the matter to the State Council for approval before making an announcement and take the measures. Where the measures for prevention and control of infectious diseases under Class A adopted in accordance with the prescriptions in preceding paragraph need to be lifted, the health administration department under the State Council shall report the matter to the State Council for approval before making an announcement. With respect to the other endemic infectious diseases, which are common and multiple in their own administrative areas, the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may, in light of the actual situations, decide to control them the way they do with respect to the infectious diseases under Class B or C, make announcements, and report the matter to the health administration department under the State Council for the record. Article 5 People's governments at various levels shall direct the work of preventing and treating infectious diseases. People's governments at or above the county level shall draw up programmes for prevention and treatment of infectious diseases and arrange for their implementation, and establish a sound system for prevention and control of diseases, medical treatment and supervision and control for prevention and treatment of infectious diseases. Article 6 The health administration department under the State Council shall be in charge of the work of preventing and treating infectious diseases as well as exercising supervision and control over such diseases nationwide. The health administration departments under the local people's governments at or above the county level shall be in charge of the work of preventing and treating infectious diseases as well as exercising supervision and control over such diseases within their own administrative areas. The other departments under the people's governments at or above the county level shall be in charge of the work of preventing and treating infectious diseases within the scope of their respective duties. The prevention and treatment of infectious diseases in the People's Liberation Army shall be carried out in compliance with this Law and the relevant regulations of the State and shall be supervised and controlled by the department in charge of health in the Army. Article 7 Diseases prevention and control institutions at all levels shall do the work of monitoring and forecasting infectious diseases, and of making epidemiological investigation and reporting on epidemic situation as well as the work of preventing and controlling other diseases. Medical agencies shall do the work of preventing and treating infectious diseases that is related to medical treatment and the work of preventing infectious diseases within their own responsibility areas. Medical agencies in urban communities and rural areas at the grass-roots level shall, under the direction of disease prevention and control institutions, do the work of preventing and treating infectious diseases for the corresponding urban communities and rural areas at the grass-roots level. Article 8 The State develops modern medical science and such traditional medical science as traditional Chinese medicine and pharmacology, and supports and encourages scientific research in prevention and treatment of infectious diseases with a view to raising the scientific and technological level of preventing and treating infectious diseases. The State supports and encourages international cooperation in preventing and treating infectious diseases. Article 9 The State supports and encourages units and individuals to participate in the work of preventing and treating infectious diseases. People's governments at all levels shall improve relevant systems to facilitate the units and individuals' participation in such activities as publicity and education in the importance of prevention and treatment of infectious diseases, report on epidemic situation, voluntary services and donation. Residents' and villagers' committees shall get the residents or villagers organized to participate in prevention and control of infectious diseases in the urban communities and rural areas. Article 10 The State conducts health education in respect of prevention of infectious diseases. The news media shall publicize gratis for the public good the importance of prevention and treatment of infectious diseases and public sanitation. Schools of various kinds at different levels shall disseminate among their students knowledge on health and on prevention of infectious diseases. Medical colleges and universities shall improve education on and research in preventive medicine and conduct education on and training in preventive medicine among the students and people working for prevention and treatment of infectious diseases, in order to provide technical assistance to the work of preventing and treating infectious diseases. Disease prevention and control institutions and medical agencies shall regularly conduct among their staff members training in the knowledge and skills of prevention and treatment of infectious diseases. Article 11 Units and individuals that have made remarkable achievements in or contributions to the work of prevention and treating infectious diseases shall be commended or awarded. Persons who contract diseases, are disabled or die due participation in the work of preventing and treating infectious diseases shall be subsidized or compensated in accordance with relevant regulations. Article 12 All units and individuals within the territory of the People's Republic of China shall accept the preventive and control measures taken by disease prevention and control institutions and medical agencies for investigation, testing, collection of samples of infectious diseases and for isolated treatment of such diseases, and they shall provide truthful information about the diseases. Disease prevention and control institutions and medical agencies shall not divulge any information or materials relating to personal privacy. Where health administration departments and other relevant departments, or disease prevention and control institutions and medical agencies infringe upon the lawful rights and interests of any units or individuals when exercising administrative control or taking preventive and control measures in violation of law, the units or individuals concerned may apply for administrative reconsideration or initiate legal proceedings according to law. Chapter II Prevention of Infectious Diseases Article 13 People's governments at all levels shall arrange for mass health activities, conduct health education regarding prevention of infectious diseases, promote a civilized and healthy way of life, enhance the awareness of the public in the importance of prevention and treatment of infectious diseases and their ability of coping with such diseases, improve environmental sanitation and eliminate the hazards of rodents and vector organisms such as mosquitoes and flies. Administrative departments for agriculture, water conservancy and forestry under the people's governments at all levels shall, in accordance with the division of their duties, take charge of directing and coordinating efforts to eliminate the hazards of rodents and schistosomiasis from the farmlands, lake regions, rivers, livestock farms and forest regions as well as the hazards of other animals and vector organisms that transmit infectious diseases. Administrative departments for railways, communications and civil aviation shall take charge of coordinating efforts to eliminate the hazards of rodents and vector organisms such as mosquitoes and flies from the means of transport and relevant places. Article 14 Local people's governments at all levels shall establish or reconstruct public sanitary facilities in a planned way, improve the sanitary condition of drinking water, and take measures for the innocent treatment of sewage, wastes and feces. Article 15 The State practices a planned prophylactic vaccination system. The health administration department under the State Council and such departments under the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, in accordance with the requirements of prevention and control of infectious diseases, draw up plans for prophylactic vaccination against infectious diseases and coordinate efforts for their implementation. Vaccines used for prophylactic vaccination shall conform to the quality standards of the State. The State practices a system by which certificates are issued to children who have received prophylactic vaccination. The prophylactic vaccination under the item of the State immune program shall be free of charge. Medical agencies, disease prevention and control institutions and guardians to children shall cooperate with each other to ensure that children receive prophylactic vaccination in time. The measures in this regard shall be formulated by the State Council. Article 16 The State and the community shall show concern about and help the infectious disease patients, pathogen carriers and suspected infectious disease patients and make it possible for them to receive timely medical treatment. No units or individuals shall discriminate against infectious disease patients, pathogen carriers and suspected infectious disease patients. The infectious disease patients, pathogen carriers and suspected infectious disease patients shall, before they are cured or cleared of suspicion, be barred from jobs which laws or administrative regulations or the health administration department under the State Council prohibit them from doing because of the likelihood of causing the spread of infectious diseases. Article 17 The state establishes the system for monitoring infectious diseases. The health administration department under the State Council shall draw up plans and schemes of the State for monitoring infectious diseases. The health administration departments under the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, in accordance with the said plans and schemes, draw up plans and work schemes for monitoring infectious diseases in their own administrative areas. Disease prevention and control institutions at different levels shall monitor the outbreak and prevalence of infectious diseases as well as the factors affecting their outbreak and prevalence; and they shall monitor the infectious diseases which have broken out abroad but have not yet broken at home or have newly broken out at home. Article 18 Disease prevention and control institutions at all levels shall, in the work of prevention and control of infectious diseases, perform the following duties: (1) to carry out the programs, plans and schemes for prevention and control of infectious diseases; (2) to collect, analyse and report monitored information about infectious diseases and to forecast the outbreak and epidemic trend of infectious diseases; (3) to conduct epidemiological investigation on the epidemic situation of infectious diseases and on public sanitation emergencies as well as on-the-spot treatment, and to assess the effects; (4) to conduct laboratory testing of infectious diseases and to make diagnosis and etiological appraisal; (5) to carry out immunization programs and to be responsible for control of the use of preventive biological products; (6) to conduct education and provide consultancy on health and to disseminate knowledge about prevention and treatment of infectious diseases; (7) to direct and train disease prevention and control institutions at lower levels and their staff members in respect of the monitoring of infectious diseases; (8) to conduct application research in prevention and treatment of infectious diseases and make health assessment, and to provide technical consultancy. Disease prevention and control institutions at the central and provincial levels shall take charge of monitoring the outbreak, prevalence and geographical distribution of infectious diseases, forecasting the epidemic trend of deadly infectious diseases, putting forth preventive and control measures, participating in and directing the investigation on and handling of the epidemic situation that arises, making etiological appraisal of the infectious diseases, establishing a testing system for quality control, and conducting application research and making sanitation assessment. Disease prevention and control institutions of cities divided into districts and of counties shall take charge of the implementation of the programs and schemes for preventing and controlling infectious diseases, coordinating efforts in immunization and disinfection as well as the control of hazards of vector organisms, disseminating the knowledge about prevention and treatment of infectious diseases, monitoring and reporting the epidemic situation and the outbreak of public sanitation emergencies in their own areas, and conducting epidemiological investigation and testing of common pathogenic microorganisms. Article 19 The State establishes an early warning system for infectious diseases . The health administration department under the State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, on the basis of the forecast of the outbreak and epidemic trend of infectious diseases, issue early warning of infectious diseases in a timely manner, and make an announcement, depending on the circumstances. Article 20 Local people's governments at or above the county level shall make preliminary plans for prevention and control of infectious diseases and report to the people's governments at the next higher level for the record. A preliminary plan for prevention and control of infectious diseases shall include the following main points: (1) composition of the headquarters for prevention and control of infectious diseases, and the duties of relevant departments; (2) systems of monitoring, collecting of information about, analyzing, reporting and circulating of a notice of infectious diseases; (3) tasks and duties of disease prevention and control institutions and medical agencies in case of the occurrence of the epidemic situation of infectious diseases; (4) classification of the outbreak and prevalence of infectious diseases and the necessary emergency work plan; and (5) prevention of infectious diseases and on-the-spot control over epidemic-stricken places or areas, emergency facilities, equipment, medicines for medical treatment, medical apparatus and instruments as well as the storage and transfer of other materials and technologies. After receiving early warning of infectious diseases issued by the health administration department under the State Council or the people's governments of provinces, autonomous regions or municipalities directly under the Central Government, local people's governments and disease prevention and control institutions shall, in accordance with their preliminary plans for prevention and control of infectious diseases, take necessary preventive and control measures. Article 21 Medical agencies shall strictly adhere to the control system and operation procedures laid down by the health administration department under the State Council to prevent iatrogenic and hospital infection of infectious diseases. Medical agencies shall assign special departments or persons the task of reporting the epidemic situation of infectious diseases, preventing and controlling infectious diseases with their own units, and preventing infectious diseases within their responsibility districts, and the tasks of monitoring dangerous factors related to hospital infection in medical activities and of safe protection, disinfection, isolation, and disposal of medical wastes. Disease prevention and control institutions shall designate special persons to take charge of directing and appraising the work of prevention of infectious diseases within medical agencies and to conduct epidemiological investigation. Article 22 Laboratories of disease prevention and control institutions and medical agencies and units engaged in experimentation of pathogenic microorganisms shall measure up to the requirements and technical standards specified by the State, establish strict supervision and control systems and exercise strict supervision and control over the samples of the pathogens of infectious diseases in accordance with the specified measures, in order to strictly prevent laboratory infection of the pathogens of infectious diseases and the spread of pathogenic microorganisms. Article 23 Blood collectors and suppliers and manufacturers of biological products shall strictly abide by the relevant regulations of the State to guarantee the quality of blood and blood products. Illegal collection of blood and getting other persons to sell their blood are prohibited. When using blood or blood products, disease prevention and control institutions and medical agencies shall observe the relevant regulations of the State, in order to prevent the transmission of diseases via blood transfusion or the use of blood products. Article 24 People's governments at all levels shall improve their work in preventing and treating the AIDS and take preventive and control measures to guard against the spread of the AIDS. The specific measures in this regard shall be formulated by the State Council. Art......