Law
of the People's Republic of China on Prevention and Treatment of Infectious
Diseases
(Adopted
at the 6th Meeting of the Standing Committee of the Seventh National People's
Congress on February 21, 1989, revised at the
11th Meeting of the Standing Committee
of the Tenth National People's Congress on August 28, 2004 and promulgated by
Order No. 17
of the President of the People’s Republic of China on August 28,
2004)
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.
Infectious diseases other than the ones specified
in the preceding paragraphs that need to be included in the infectious diseases
under Class B or C, depending on the situation of their outbreak and prevalence
and the extent of the harm done, shall be decided
on and announced by the
health administration department under the State Council.
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.
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; and
(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.
Article 25 The administrative departments for agriculture and forestry
and other relevant departments under the people's governments at or above
the
county level shall, in compliance with their respective duties, take charge of
the prevention, treatment and control of infectious
diseases of animals related
to infectious diseases common to human beings and animals.
Wild animals, domestic animals and fowls
related to infectious diseases common to human beings and animals shall be sold
or transported
only after they have passed quarantine.
Article 26 The State establishes the storage of bacterial and virus
strains of infectious diseases.
The collection, preservation, carrying,
transportation and use of bacterial and virus strains of infectious diseases
and the samples
of infectious diseases for testing shall be controlled in a
classified manner, and a sound and rigorous control system shall be
established.
Where it is really necessary to collect,
preserve, carry, transport or use bacterial and virus strains of infectious
diseases and
the samples of infectious diseases for testing that may cause the
spread of the infectious diseases under Class A or that are specified
by the
health administration department under the State Council, the matter shall be
subject to approval by the health administration
department under the people's
government at or above the provincial level. The specific measures in this
regard shall be formulated
by the State Council.
Article 27 With respect to the sewage, wastes, places and objects
contaminated with the pathogens of infectious diseases, the units or
individuals
concerned shall carry out strict disinfection under the direction
of the disease prevention and control institutions or in accordance
with the
sanitary requirements put forth by them; and in case of refusal to undergo
disinfection, local health administration departments
or disease prevention and
control institutions shall carry out compulsory disinfection.
Article 28 Where plans are made for the
construction of such large projects as water conservancy, communications,
tourism and energy projects
in an area of a natural focus of infection
confirmed by the State, sanitary investigation of the construction environment
shall,
in advance, be conducted by the disease prevention and control
institution at or above the provincial level. The construction unit
shall, in
accordance with the proposals of the disease prevention and control
institution, take necessary measures for prevention
and control of infectious
diseases. During the period of construction, the construction unit shall assign
special persons to take
charge of sanitation and anti-epidemic work at the
construction site. After completion of the construction project, the disease
prevention
and control institution shall monitor the possible occurrence of
infectious diseases.
Article 29 Disinfectant products used for prevention and treatment of
infectious diseases, drinking water provided by drinking water suppliers
and
products related to sanitary safety of drinking water shall measure up to the
sanitary standards and specifications of the State.
Any drinking water supplier engaged in
production or supply activities shall obtain a sanitary license according to
law.
Manufacturers of disinfectant products to
be used for prevention and treatment of infectious diseases and disinfectant
products to
be manufactured for prevention and treatment of infectious diseases
shall be subject to examination and approval by the health administration
department under the people's governments at or above the provincial level. The
specific measures in this regard shall be formulated
by the State Council.
Chapter
III
Reporting
on, Releasing Information on
and
Announcing the Epidemic Situation
Article 30 When disease prevention and control institutions, medical
agencies, blood collectors and supplies or their staff members on duty find
the
epidemic situation of infectious diseases specified in this Law or the outbreak
and prevalence of other infectious diseases or
the infectious diseases the
causes for the sudden outbreak of which are uncertain, they shall report in
adherence to the principle
of territorial control in respect of report on
epidemic situation and in accordance with the contents, procedure, form and
time limit
prescribed by the State Council or by the health administration
department under the State Council.
When medical agencies of the Army, in the
course of providing medical services to the general public, find the epidemic
situation
of infectious diseases specified in the preceding paragraph, they
shall report in accordance with the regulations of the health administration
department under the State Council.
Article 31 When any unit or individual finds an infectious disease
patient or a suspected one, they shall promptly report to the nearby disease
prevention and control institution or medical agency.
Article 32 When disease prevention and control institutions at ports,
airports and railway stations or the frontier health quarantine organs
find
patients of the infectious diseases under Class A or pathogen carriers or
suspected patients of infectious diseases, they shall,
in accordance with
relevant regulations of the State, promptly report to the disease prevention
and control institution located at
the frontier port or to the health
administration department under the local people's government at or above the
county level where
they are located and release such information to each other.
Article 33 Disease prevention and control institutions shall take the
initiative to collect, analyse, investigate and verity information on epidemic
situation of infectious diseases. As soon as they receive reports on epidemic
situation of infectious diseases under Classes A and
B or find the outbreak and
prevalence of infectious diseases, they shall report to local health
administration department, which
shall immediately report to the local people's
governments and, at the same time, to the health administration department at a
higher
level and to the health administration department under the State
Council.
Disease prevention and control
institutions shall set up or assign special departments and persons the task of
controlling information
on the epidemic situation of infectious diseases and
making timely verification and analysis of reports on epidemic situation.
Article 34 Health administration departments under the local people's
governments at or above the county level shall, without delay, release
the
epidemic situation of infectious diseases and information on such situation
they have monitored or issued an early warning against
to the disease
prevention and control institutions and medical agencies within their own
administrative areas. Upon receiving such
information, the disease prevention
and control institutions and medical agencies shall immediately inform the
persons concerned
in their own units.
Article 35 The health administration department under the State Council
shall, without delay, release the national epidemic situation of infectious
diseases and information on such situation, which it has monitored or against
which it has issued an early warning, to the relevant
departments under the
State Council and the health administration departments under the people's
governments of provinces, autonomous
regions, and municipalities directly under
the Central Government.
Health administration departments under
the neighboring or relevant people's governments shall, without delay, release
to each other
information on the epidemic situation of infectious diseases in
their own administrative areas and information on such situation
they have
monitored or against which they have issued an early warning.
When the relevant departments under the people's
governments at or above the county level find epidemic situation of infectious
diseases,
they shall immediately report to the health administration departments
under the people's governments at the corresponding level.
When the competent health department of
the Chinese People's Liberation Army finds epidemic situation of infectious
diseases, it shall
report to the health administration department under the
State Council.
Article 36 Animal anti-epidemic agencies and disease prevention and
control institutions shall keep each other informed without delay of the
epidemic situation of infectious diseases common to animals and human beings
that occurs among animals and human beings as well as
relevant information.
Article 37 The relevant departments under people's governments, disease
prevention and control institutions, medical agencies, blood collectors
and
suppliers and their staff members that are in duty bound to report the epidemic
situation of infectious diseases in accordance
with the provisions of this Law
shall not conceal the truth about, make a false report on or delay report on
the epidemic situation
of infectious diseases.
Article 38 The State establishes the system for announcing information
on epidemic situation of infectious diseases.
The health administration department under
the State Council shall regularly announce information on the national epidemic
situation
of infectious diseases. Health administration departments under the
people's governments of provinces, autonomous regions, and municipalities
directly under the Central Government shall regularly announce information on
the epidemic situation of infectious diseases in their
own administrative
areas.
When an infectious disease breaks out and
prevails, the health administration department under the State Council shall be
responsible
for announcing to the public information on the epidemic situation
of the infectious disease, and may authorize the health administration
departments under the people's governments of provinces, autonomous regions,
and municipalities directly under the Central Government
to announce to the
public information on the epidemic situation of the infectious disease in their
own administrative areas.
Information on epidemic situation of
infectious diseases shall be announced without delay and accurately.
Chapter
IV
Control
of the Epidemic Situation
Article 39 When finding an infectious disease under Class A, the medical
agency shall immediately take the following measures:
(1) to isolate the patients and pathogen
carriers for treatment, and to determine the period of isolation according to
the results
of medical examination;
(2) to treat suspected patients individually
in isolation at designated places until a definite diagnosis is made; and
(3) to keep the persons in close contact
with the patients, pathogen carriers or suspected patients in medical agencies
under medical
observation at designated places and to take other necessary
preventive measures.
With regard to the persons who refuse
treatment in isolation or, before the expiration of the period of isolation,
break away from
treatment in isolation without approval, the public security
organs may assist the medical agencies by taking compulsory measures
for
treatment in isolation.
When medical agencies find patients of
infectious diseases under Class B or C, they shall take necessary measures for
treatment and
for control of their spread according to the patients'
conditions.
With regard to the places and objects
contaminated by pathogens of infectious diseases as well as the medical wastes
within their
own units, medical agencies shall, in accordance with the provisions
of laws and regulations, carry out disinfection and innocent
treatment.
Article 40 When finding epidemic situation of infectious diseases or
receiving reports on such situation, the disease prevention and control
institutions
shall immediately take the following measures:
(1) to make epidemiological investigation
on the epidemic situation of infectious diseases and, on the basis of the
findings after
such investigation, to put forth proposals for the delimitation
of epidemic spots and areas; to give sanitary treatment to the contaminated
places, to keep the persons in close contact under medical observation at the
designated places and to take other necessary preventive
measures, and to put
forth schemes for control of the epidemic situation to health administration
departments;
(2) when an infectious disease breaks out
and prevails, to give sanitary treatment to epidemic spots and areas, to put
forth schemes
for control of the epidemic situation to the health administration
departments, and to take measures in accordance with the requirements
of health
administration departments; and
(3) to direct the disease prevention and
control institutions at lower
levels in implementing the measures for prevention and control of infectious
diseases and to coordinate efforts and direct relevant
units in handling the
epidemic situation of infectious diseases.
Article 41 With respect to the places
where there are cases of infectious diseases under Class A or to the persons in
the special
areas within such places, the local people's governments at or
above the county level where the above places are located may carry
out
isolation measures and, at the same time, report the matter to the people's
governments at the next higher level; and upon receiving
such report, the
people's governments at the higher level shall immediately make a decision on
whether to approve the measures or
not. Where the people's governments at the
higher level decide not to approve the measures, the people's governments that
have taken
isolation measures shall immediately withdraw such measures.
During the period of isolation, the
people's governments that take isolation measures shall guarantee the daily
necessities of the
persons under isolation; and if such persons have their own
units, the units, which they belong to, shall not stop the payment of
their
wages during the period of isolation.
Withdrawal of isolation measures shall be
subject to decision and announcement by the organ that originally makes the
decision to
take the measures.
Article 42 When an infectious disease
breaks out and prevails, the local people's government at or above the county
level shall immediately
get people organized to control and treat the disease
in accordance with its preliminary plan for prevention and control and cut
off
the route of transmission; and when necessary, they may take the following
emergency measures, subject to reporting to and decision
by the people's
government at the next higher level, and make the measures known to the public:
(1) restricting or suspending fairs,
cinema shows, theatrical performances and other types of mass gathering;
(2) suspension of work, business and
school classes;
(3) closing or sealing off public drinking
water sources, foodstuffs and relevant objects contaminated with the pathogens
of infectious
diseases;
(4) controlling or wiping out wild
animals, domestic animals and fowls infected with epidemics; and
(5) closing the places where the spread of
infectious diseases may be caused.
When receiving the report of the people's
government at a lower level proposing to take the emergency measures as
mentioned in the
preceding paragraph, the people's government at the higher level
shall immediately make a decision.
Withdrawal of the emergency measures shall
be subject to decision and announcement by the organ that originally makes the
decision
to take the measures.
Article 43 When an infectious disease
under Class A or B breaks out or prevails, the local people's government at or
above the county
level may, subject to decision by the government at the next
higher level, announce part or the whole of its administrative area
as an
epidemic area; and the State Council may decide and announce areas across
provinces, autonomous regions, and municipalities
directly under the Central
Government as epidemic areas. The local people's governments at or above the
county level may take the
emergency measures as specified in Article 42 of this
Law in an epidemic area, and carry out sanitary quarantine of persons, goods
and materials and means of transport entering or leaving the epidemic area.
People's governments of provinces,
autonomous regions, and municipalities directly under the Central Government
may decide to blockade
an epidemic area of an infectious disease under Class A
in their own administrative areas; however, the blockade of an epidemic area
in
a large or medium-sized city or the blockade of an epidemic area across a
province, autonomous region, or municipality directly
under the Central
Government, as well as the blockade of an epidemic area leading to the
interruption of the traffic along a main
line of communications, or the
blockade of frontiers shall be subject to decision by the State Council.
Termination of the blockade of an epidemic
area shall be subject to decision and announcement by the organ that originally
makes the
decision.
Article 44 When an infectious disease
under Class A breaks out, transport sanitary quarantine may be carried out in
order to prevent
the spread of such disease through the means of transport as
well as the persons, goods and materials carried by them. The specific
measures
in this regard shall be formulated by the State Council.
Article 45 When an infectious disease
breaks out and prevails, the State Council shall, in light of the need to
control the epidemic
situation of the infectious disease, have the power,
within the whole country or in areas across a province, autonomous region, or
municipality directly under the Central Government, and the local people's
governments at or above the country level shall have the
power, in their own
administrative areas, immediately to mobilize people or transfer stored goods
and materials, and provisionally
requisition houses and means of transport as
well as relevant facilities and equipment.
To persons who are immediately mobilized,
reasonable remunerations shall be paid in accordance with relevant regulations.
For the
houses and means of transport as well as relevant facilities and
equipment that are provisionally requisitioned, compensation shall
be made
according to law; and whatever can be returned shall be returned in a timely
manner.
Article 46 The
body of a person who dies of an infectious disease under Class A or anthrax
shall immediately be given sanitary treatment and
cremated at a nearby
place. The body of a person who
dies of other infectious diseases shall, when necessary, be cremated after sanitary
treatment or buried deep
as required by relevant regulations.
In order to find out the cause of an
infectious disease, medical agencies may, when necessary, perform autopsy on
the corpses of patients
or suspected patients of infectious diseases for examination
in accordance with the regulations of the health administration department
under the State Council, and shall inform the family members of the dead of the
matter.
Article 47 Where the objects contaminated or likely contaminated with
the pathogens of infectious diseases in epidemic areas can be used again
after
disinfection, they shall be used, sold or transported only after being
subjected to disinfection under the direction of local
disease prevention and
control institutions.
Article 48 When
the epidemic situation of an infectious disease occurs, the disease prevention
and control institutions or other professional
technical agencies related to
infectious diseases that are designated by the health administration
departments under the people's
governments at or above the provincial level may
enter the epidemic spots or areas of infectious diseases to make investigation,
collect samples and make technical analysis and examination.
Article 49 When
an infectious disease breaks out and prevails, manufacturers and suppliers of
medicines and medical instruments shall immediately
produce and supply the
medicines and medical instruments for prevention and treatment of the
infectious disease. Railway,
communications and civil aviation services shall give priority to transportation
of the persons for handling of the epidemic
situation of the infectious disease
and the medicines and medical instruments for prevention and treatment of the
infectious disease.
The relevant departments under the people's governments at
or above the county level shall do a good job of coordinating efforts
in this
endeavor.
Chapter
V
Medical
Treatment
Article 50 People's governments at or above the county level shall
strengthen and improve the establishment of their service networks for medical
treatment of infectious diseases, assign medical agencies with the conditions
and capability for treating infectious diseases the
task of treating such
diseases, or set up hospitals for infectious diseases in light of the need to
treat the diseases.
Article 51 The basic standards, construction design and service process
of medical agencies shall be in conformity with the requirements
for prevention
of hospital infection of infectious diseases.
Medical agencies shall, in accordance with
relevant regulations, have the medical instruments in use disinfected; with
respect to
the medical apparatus that can be used only once according to
regulations, they shall be destroyed after they are used.
Medical agencies shall, in accordance with
the standards of diagnosis and requirements of treatment for infectious
diseases specified
by the health administration department under the State
Council, take necessary measures to enhance their capability for medical
treatment of infectious diseases.
Article 52 Medical
agencies shall give medical treatment and on-the-spot rescue to the patients or
suspected patients of infectious diseases
or provide outpatient service to
them, keep written records of the cases and other relevant materials and
preserve them properly.
Medical agencies shall practise a system
of preliminary and separate examination in respect of infectious diseases; and
patients or
suspected patients of infectious diseases shall be led to separate,
relatively isolated spots for preliminary examination. A medical
agency that
does not have the capability needed for treatment shall transfer the patients
and the copies of their medical records
to a medical agency that has such
capability. The specific measures in this regard shall be formulated by the health administration
department under the State Council.
Chapter
VI
Supervision
and Control
Article 53 Health administration departments under the people's
governments at or above the county level shall perform the following duties of
supervision and examination regarding prevention and treatment of infectious
diseases:
(1) to supervise and inspect the health
administration departments under the people's governments at lower levels as to
their performance
of the duties prescribed by this Law regarding prevention and
treatment of infectious diseases;
(2) to supervise and inspect the work of
preventing and treating infectious diseases done by the disease prevention and
control institutions
and medical agencies;
(3) to supervise and inspect the
collection and supply of blood done by blood collectors and suppliers;
(4) to supervise and inspect disinfectant
products used for prevention and treatment of infectious diseases as well as
the manufacturers
of such products, and supervise and inspect the production or
supply engaged in by drinking water suppliers as well as the products
related
to sanitary safety of drinking water;
(5) to supervise and inspect the
collection, preservation, carrying, transportation and use of bacterial and
virus strains of infectious
diseases as well as the samples of infectious
diseases for testing; and
(6) to supervise and inspect the sanitary
conditions of public places and the units concerned as well as the measures for
preventing
and controlling infectious diseases.
Health administration departments under
the people's governments at or above the provincial level shall take charge of
arranging for
the handling of important matters regarding prevention and
treatment of infectious diseases.
Article 54 When performing their duties of
supervision and inspection, health administration departments under the
people's governments
at or above the county level shall have the right to enter
the units subjected to inspection and the places where the epidemic situation
of infectious diseases occurs to make investigation and collect evidence,
consult or duplicate relevant materials and collect samples.
The said units
shall cooperate with them and shall not refuse to do so or create obstacles.
Article 55 Where, when performing their
duties of supervision and examination, health administration departments under
the local people's
governments at or above the county level find that public
drinking water sources, foodstuffs and relevant objects are contaminated
with
the pathogens of infectious diseases, which, if no timely control measures are
taken, may lead to the spread and prevalence
of infectious disease, they may
take temporary control measures of closing the public drinking water sources,
sealing off the foodstuffs
and relevant objects or suspending their sale, and
have them tested or disinfected. Foodstuffs which testing proves to be
contaminated
shall be destroyed; and for foodstuffs which are not contaminated
or objects which can be used after disinfection, the control measures
shall be
withdrawn.
Article 56 When staff members of health administration departments
perform their duties according to law, there shall not be less than two of
them,
and they shall show their law-enforcement certificates and fill out sanitation
law-enforcement document.
After the sanitation law-enforcement
document is verified, the sanitation law-enforcement persons and the parties
concerned shall
sign their names. If the parties concerned refuse to sign their
names, the sanitation law-enforcement persons shall make a note of
it.
Article 57 Health administration
departments shall, according to law, establish a sound system for internal
supervision to supervise
the performance of duties by their staff members in
accordance with the statutory functions and powers as well as the statutory
procedure.
Where the health administration
departments at higher levels find that such departments at lower levels fail to
handle matters within
the scope of their duties in time or fail to perform
their duties, they shall order them to rectify or directly handle the matters.
Article 58 When performing their duties,
health administration departments and their staff members shall subject themselves
to supervision
by the community and citizens. Units and individuals shall have
the right to report violations of this Law to the people's governments
at a
higher level and the health administration departments under such departments.
The people's governments or the health administration
departments under them
that receive such reports shall immediately conduct investigation and handle
the violations.
Chapter
VII
Guarantee
Measures
Article 59 The State incorporates the work
of preventing and treating infectious diseases into the national economic and
social development
plan and local people's governments at or above the county
level incorporate such work into the national economic and social development
plan of their own administrative areas.
Article 60 Local people's governments at
or above the county level shall, in compliance with their own duties, be
responsible for
allocating funds for the daily prevention and control of and
supervision over infectious diseases within their own administrative
areas.
The health administration department under
the State Council shall, in conjunction with the relevant departments under the
State Council
and on the basis of the prevalent trend of infectious diseases,
determine the items for national prevention, control, treatment,
monitoring,
forecast, early warning, supervision over and inspection of infectious
diseases. The Central Government shall offer subsidies
to financially difficult
areas in their efforts to prevent and treat deadly infectious diseases.
People's governments of provinces,
autonomous regions, and municipalities directly under the Central Government
shall, in light of
the prevalent trend of infectious diseases within their own
administrative areas and within the scope of the items determined by
the health
administration department under the State Council, determine the items for
prevention and control of and supervision over
infectious diseases, and
guarantee funds for the items.
Article 61 The State strengthens the
establishment of the system of prevention and treatment of infectious diseases
at the grass-roots
level and gives assistance to the poverty-stricken areas and
areas inhabited by ethnic peoples in their efforts to prevent and treat
infectious diseases.
Local people's governments at all levels
shall guarantee funds for prevention and treatment of infectious diseases in
urban communities
and rural areas at the grass-roots level.
Article 62 In matters of medical
treatment, the State gives aid to the groups of people with financial
difficulties who suffer from
special infectious disease by reducing their
medical expenses or exempting them from such expenses. The specific measures in
this
regard shall be formulated by the health administration department under
the State Council in conjunction with the department of
finance and other
departments under the State Council.
Article 63 People's governments at or
above the county level shall take charge of storing medicines, medical
instruments and other
materials for prevention and treatment of infectious
diseases to keep them ready for distribution.
Article 64 For persons engaged in
prevention, medical treatment, scientific research and teaching of infectious
diseases as well as
on-the-spot handling of epidemic situation of infectious
diseases and for other persons who are in contact with pathogens of infectious
diseases in production and other work, the units concerned shall, in accordance
with the relevant regulations of the State, take
effective sanitary and
protective measures and medical care and health measures, and give them
reasonable allowances.
Chapter
VIII
Legal
Responsibility
Article 65 Where local people's governments at different levels fail to
perform their duties of making report in accordance with the provisions
of this
Law, or conceal the truth about or make a false report on or delay report on
the epidemic situation of infectious diseases
or, when an infectious disease
breaks out and prevails, fail immediately to coordinate efforts in its
treatment and to take control
measures, the people's governments at the higher
level shall order them to rectify and criticize them in a circular; where their
failures or mistakes cause the spread and prevalence of the infectious disease
or other serious consequences, the persons in charge
who should be held
responsible shall be given administrative sanctions according to law; and if a
crime is constituted, criminal
responsibility shall be investigated according
to law.
Article 66 Where the health administration
departments under the people's governments at or above the county level commit
any of the
following acts in violation of the provisions of this Law, the
people's governments at the corresponding level or the health administration
departments under the people's governments at a higher level shall order them
to rectify and criticize them in a circular; where
their violations cause the
spread and prevalence of the infectious disease or other serious consequences,
the persons in charge who
should be held responsible and the other persons who
are directly responsible shall be given administrative sanctions according to
law; and if a crime is
constituted, criminal responsibility shall be investigated according to law:
(1) failing to perform their duties of
circulating a notice of, making a report on or announcing the epidemic
situation of an infectious
disease, as required by law, or concealing the truth
about or making a false report on or delaying report on the said situation;
(2) when an infectious disease breaks out
or is likely to spread, failing immediately to take preventive and control
measures;
(3) failing to perform their duties of
supervision and inspection according to law, or failing immediately to
investigate and punish
violations of law when they find such violations;
(4) failing immediately to investigate and
deal with the reports made by units or individuals about the failures of the
health administration
departments at lower levels to perform their duties of
prevention and treatment of infectious diseases; and
(5) violations of this Law such as
negligence of dereliction of duty.
Article 67 Where the relevant departments
under the people's governments at or above the county level fail to perform
their duties
of prevention and treatment of and protection against infectious
diseases in accordance with the provisions of this Law, the people's
governments at the corresponding level or the relevant departments under the
people's governments at a higher level shall order them
to rectify and
criticize them in a circular; where their failures cause the spread and
prevalence of infectious diseases or other
serious consequences, the persons in
charge who should be held responsible and the other persons who are directly
responsible shall
be given administrative sanctions according to law; and if a
crime is constituted, criminal responsibility shall be investigated
according
to law.
Article 68 Where the disease prevention and control institutions commit any of the following acts in
violation of the provisions of this Law, the health administration departments
under the people's
governments at or above the county level shall order them to
rectify within a time limit, criticize them in a circular and give them
a
disciplinary warning; the persons in charge who should be held responsible and
the other persons who are directly responsible shall
be demoted, dismissed from
office or discharged according to law, and the practicing certificates of the
persons concerned who are
responsible may, in addition, be revoked according to
law; and if a crime is constituted, criminal responsibility shall be
investigated
according to law:
(1) failing to perform their duty of
monitoring infectious diseases according to law;
(2) failing to perform their duties of
making a report on and circulating a notice about the epidemic situation of an
infectious disease,
as is required by law, or concealing the truth about or
making a false report on or delaying report on the epidemic situation of
an
infectious disease;
(3) failing to take the initiative to
collect information about the epidemic situation of infectious disease, or
failing immediately
to analyse, investigate and verify the information about
and report on the epidemic situation of infectious diseases;
(4) when finding the epidemic situation of
an infectious disease, failing immediately to take the measures prescribed by
this Law
in compliance with their duties; and
(5) purposely divulging information and
materials relating to personal privacy of an infectious disease patient, a
pathogen carrier,
a suspected infectious disease patient, or persons in close
contact with such patients.
Article 69 Where medical agencies commit
any of the following acts in violation of the provisions of this Law, the
health administration
department under the people's governments at or above the
county level shall order them to rectify, criticize them in a circular
and give
them a disciplinary warning; where their failures cause the spread and
prevalence of the infectious disease or other serious
consequences, the persons
in charge who should be held responsible and the other persons who are directly
responsible shall be demoted,
dismissed from office, or discharged according to
law, and the practicing certificates of the persons concerned who are held
responsible
may, in addition, be revoked according to law; and if a crime is
constituted, criminal responsibility shall be investigated according
to law:
(1) failing to perform the tasks of
prevention and control of infectious diseases in their own units, of control of
hospital infection
and of prevention of infectious diseases within their responsibility areas in
accordance with relevant regulations;
(2) failing to report the epidemic
situation of an infectious disease in accordance with relevant regulations, or
concealing the truth
about, making a false report on or delaying report on the
epidemic situation of an infectious disease;
(3) when finding the epidemic situation of
an infectious disease, failing to give infectious disease patients or suspected
infectious
disease patients medical treatment, on-the-spot rescue, or
outpatient treatment or to transfer such patients to other hospitals for
treatment in accordance with relevant regulations, or refusing to accept
transferred patients;
(4) failing to disinfect the places,
objects and medical wastes of their own units that are contaminated with the
pathogens of infectious
disease or give them innocent treatment in accordance
with relevant regulations;
(5) failing to disinfect medical apparatus
and instruments in accordance with relevant regulations, or reusing disposable
medical
apparatus, instead of destroying them in accordance with relevant
regulations;
(6) in the course of medical treatment,
failing to preserve medical records and materials in accordance with relevant
regulations;
and
(7) purposely divulging information and
materials relating to personal privacy of an infectious disease patient, a
pathogen carrier,
a suspected infectious disease patient, or persons in close
contact with such patients.
Article 70 Where blood collectors and
suppliers fail to report the epidemic situation of infectious diseases in
accordance with relevant
regulations, or conceal the truth about or make a
false report on or delay report on such situation, or fail to implement the
relevant
regulations of the State, leading to the contracting of blood transmission
diseases via blood transfusion, the health administration
departments under the
people's governments at or above the county level shall order them to rectify,
criticize them in a circular
and give them a disciplinary warning; where their
failures cause the spread and prevalence of infectious diseases or other
serious
consequences, the persons in charge who should be held responsible and
the other persons who are directly responsible shall be demoted,
dismissed from
office or discharged according to law, and the practicing certificates of the
blood collectors and suppliers may,
in addition, be revoked according to law;
and if a crime is constituted, criminal
responsibility shall be investigated
according to law.
Any agency that illegally collects blood
or gets other persons to sell their blood shall be banned by the health
administration department
under the people's government at or above the county
level, its unlawful gains shall be confiscated and it, may, in addition, be
fined not more than RMB 100,000 yuan; and if a crime is constituted, criminal
responsibility shall be investigated according to law.
Article 71 Where frontier sanitation
quarantine organs or animal epidemic prevention organs fail to perform their
duty of circulating
a notice of the epidemic situation of infectious diseases
according to law, the departments concerned shall, within the scope of
their
duties, order them to rectify and criticize them in a circular; where their
failures cause the spread and prevalence of the
infectious diseases or other
serious consequences, the persons in charge who should be held responsible and
the other persons who
are directly responsible shall be demoted, dismissed from
office or discharged according to law; and if a crime is constituted, criminal
responsibility shall be investigated according to law.
Article 72 Where railway, communications
and civil aviation services fail
to give priority to the transportation of the persons for handling the epidemic
situation of an infectious disease or of the
medicines, medical apparatus and
instruments for prevention and treatment of the infectious disease in
accordance with the provisions
of this Law, the departments concerned shall
instruct it to rectify within a time limit and give them a disciplinary
warning; and
where serious consequences are caused, the persons in charge who
should be held responsible and the other persons who are directly
responsible
shall be demoted, dismissed from office or discharged according to law.
Article 73 Where a unit commits any of the
following acts in violation of the provisions of this Law, which leads to or
may likely
lead to the spread and prevalence of infectious diseases, the health
administration departments under the people's government at
or above the county
level shall order them to rectify within a time limit, confiscate its unlawful
gains and may, in addition, impose
a fine of not more than 50,000 yuan; if it
has obtained a license, the department that originally issued the license may
suspend
or revoke the license according to law; and if a crime is constituted,
criminal responsibility shall be investigated according to
law:
(1) for a drinking water supplier, failing
to keep the drinking water supplied in conformity with the sanitary standards
and norms
of the State;
(2) failing to keep the products relating
to sanitary safety of drinking water in conformity with the sanitary standards
and norms
of the State;
(3) failing to keep the disinfectant
products used for prevention and treatment of infectious diseases in conformity
with the sanitary
standards and norms of the State;
(4) selling or transporting the objects
which are contaminated or are likely contaminated with pathogens of infectious
diseases in
epidemic areas without having them disinfected; and
(5) for a manufacture of biological
products, failing to keep the blood products manufactured in conformity with
the quality standards
of the State.
Article 74 Any unit that commits one of
the following acts in violation of the provisions of this Law, the health
administration department
under the local people's government at or above the
county level shall order it to rectify, criticize it in a circular and give it
a disciplinary warning; if it has obtained a license, the license may be
suspended or revoked according to law; if its act causes
the spread and
prevalence of an infectious disease or other serious consequences, the persons
in charge who should be held responsible
and the other persons who are directly
responsible shall be demoted, dismissed from office or discharged according to
law, and the
practicing certificates of the persons concerned who are held
responsible may, in addition, be revoked according to law; and if a
crime is
constituted, criminal responsibility shall be investigated according to law:
(1) for a disease prevention and control
institution, medical agency or unit engaged in pathogenic organism experiments,
failing to
meet the requirements and technical standards prescribed by the
State and failing to keep strict control of the samples of infectious
disease
pathogens in accordance with relevant regulations, thus causing laboratory
infection and the spread of pathogenic micro-organisms;
(2) in violation of the relevant regulations of the State,
collecting, preserving, carrying, transporting and using bacterial and virus
strains
of infectious diseases as well as the samples of infectious diseases
for testing; and
(3) for a disease prevention and control
institution and medical agency, failing to comply with the relevant regulations
of the State,
thus leading to the outbreak of blood transmission diseases due
to blood transfusion or the use of blood products.
Article 75 Where a unit sells or transports wild animals, domestic
animals and fowls related to infectious diseases common to human beings and
animals without quarantine, the animal husbandry and veterinary administration
departments under the local people's government at
or above the county level
shall order it to desist from such illegal act, and impose on it an
administrative penalty according to
law.
Article 76 Where a unit, without sanitary investigation, constructs
such large projects as water conservancy, communications, tourism and energy
projects
in an area of a natural focus of infection confirmed by the State or fails to
take the necessary measures for prevention
and control of infectious diseases
in accordance with the proposals of the disease prevention and control
institution, the health
administration department under the people's government
at or above the county level shall order it to rectify within a time limit,
give it a disciplinary warning, and impose on it a fine of not less than 5,000
yuan but not more than 30,000 yuan; and if it fails
to comply at the expiration
of the time limit, the said department shall impose on it a fine of not less
than 30,000 yuan but not
more than 100,000 yuan, and may, in addition, request
the people's government concerned, on the strength of its functions and powers,
to order discontinuation of construction or close the area.
Article 77 Where a unit or individual violates the provisions of this
Law, thus leading to the spread and prevalence of infectious diseases or
causing
harm or property losses to another person, it/he shall bear civil
responsibility according to law.
Chapter
IX
Supplementary
Provisions
Article 78 The
meanings of the following terms used in this Law are:
(1) Infectious disease patients and
suspected infectious disease patients are persons who conform to the diagnostic
standards for
infectious disease patients and suspected infectious disease
patients, as provided for in the Diagnostic Standards for Infectious
Diseases
Governed by the Provisions of the Law of the People's Republic of China on
Prevention and Treatment of Infectious Diseases
promulgated by the health
administration department under the State Council.
(2) Pathogen carriers are persons who,
infected with the pathogens of infectious diseases, have no clinical symptoms
but can discharge
pathogens.
(3) Epidemiological investigation refers
to investigation and research conducted among groups of people on the
geological distribution
of diseases and health conditions as well as the decisive
factors in order to put forth disease prevention and control measures as
well
as health care policies.
(4) Epidemic-stricken spots refer to
smaller areas within which pathogens spread from the source of infection or to
a single focus
of infection.
(5) Epidemic-stricken areas refer to the
areas where pathogens can reach when they spread after infectious diseases
break out and
prevail among groups of people.
(6) Infectious diseases common to human
beings and animals refer to infectious diseases which human beings and
vertebrates commonly
suffer from, such as plague, rabies schistosomiasis.
(7) Natural focus of infection refers to
an area where certain pathogens that may cause infectious diseases to human
beings exist
and circulate over a long period of time among wild animals in the
natural world.
(8) Vector organisms refer to organisms
that can transmit pathogens from human beings or other animals to human beings,
such as mosquitoes,
flies and fleas.
(9) Iatrogenic infection refers to infection
caused by the transmission of pathogens in the process of medical services.
(10) Hospital infection refers to
infection which inpatients contract in hospitals, including infection
contracted during the period
of hospitalization and infection contracted in
hospital but manifests itself after the patient is discharged from hospital,
but excluding
infection which is contracted before hospitalization or is
already in incubation period at the time of hospitalization. Infection
which
hospital workers contract in hospital also belongs to hospital infection.
(11) Laboratory infection refers to
infection caused through contact with pathogens when working laboratories.
(12) Bacterial and virus strains refer to
bacterial and virus strains which may cause the outbreak of the infectious
diseases specified
in this Law.
(13) Disinfection refers to the killing
and elimination of pathogen microorganisms in the environment by chemical,
physical or biological
methods.
(14) Disease prevention and control
institutions refer to the disease prevention and control centers engaged in
disease prevention
and control as well as the units engaged in professional
activities similar to those of the said institutions.
(15) Medical agencies refer to the
agencies engaged in disease diagnosis and medical treatment, which have
obtained the practicing
certificates of medical institutions in accordance with
the Regulations on Administration of Medical Institutions.
Article 79 Where there are no provisions
in this Law for the control of foodstuffs, medicines, blood, water, medical
wastes and pathogenic
microorganisms in the process of prevention and control
of infectious diseases, for epidemic prevention among animals and for frontier
health quarantine, the provisions of other relevant laws and administrative
regulations shall be applicable respectively.
Article 80 This Law shall go into effect
as of December 1, 2004.
