(Adopted at the 6th Meeting of the Standing Committee of the Seventh National People's Congress on February 21, 1989 and revised at the 11th Meeting of the Standing Committee of the Tenth National People's Congress on August 28, 2004)
catalog
general provisions
Chapter II Prevention of Infectious Diseases
Chapter III Report, Notification and Publication of Epidemic Situation
Chapter IV Epidemic Control
Chapter V Medical Treatment
Chapter VI Supervision and Management
Chapter VII Safeguard Measures
Chapter VIII Legal Liability
Chapter IX Supplementary Provisions
general provisions
Article 1 This Law is formulated with a view to preventing, controlling and eliminating the occurrence and prevalence of infectious diseases and safeguarding human health and public health.
Article 2 The State adopts the policy of giving priority to prevention in the prevention and treatment of infectious diseases, combining prevention and treatment with classified management, relying on science and the masses.
Article 3 Infectious diseases specified in this Law are classified into Class A, Class B and Class C.
Class A infectious diseases refer to plague and cholera.
Class B infectious diseases refer to infectious atypical pneumonia, AIDS, viral hepatitis, poliomyelitis, human infection with highly pathogenic avian influenza, measles, epidemic hemorrhagic fever, rabies, epidemic encephalitis B, dengue fever, anthrax, bacterial and amebic dysentery, tuberculosis, typhoid and paratyphoid fever, epidemic cerebrospinal meningitis, pertussis, diphtheria Neonatal tetanus, scarlatina, brucellosis, gonorrhea, syphilis, leptospirosis, schistosomiasis, malaria.
Class C infectious diseases refer to: influenza, mumps, rubella, acute hemorrhagic conjunctivitis, leprosy, epidemic and endemic typhus, kala azar, echinococcosis, filariasis, infectious diarrhea other than cholera, bacterial and amebic dysentery, typhoid and paratyphoid.
Infectious diseases other than those specified above that need to be listed as Class B or Class C infectious diseases according to their outbreak, prevalence and degree of harm shall be decided and announced by the health administration department under the State Council.
Article 4 For infectious atypical pneumonia (SARS), pulmonary anthrax (anthrax) and highly pathogenic avian influenza (HPAI) infected by human beings in Class B infectious diseases, the prevention and control measures for Class A infectious diseases referred to in this Law shall be taken. If other Class B infectious diseases and infectious diseases of unknown sudden causes need to take the preventive and control measures for Class A infectious diseases as mentioned in this Law, the health administration department under the State Council shall report to the State Council in a timely manner for approval before announcing and implementing them.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to the circumstances, decide to administer and publicize other common and frequently occurring local infectious diseases in their respective administrative areas in accordance with Class B or Class C infectious diseases, and report to the health administration department under the State Council for the record.
Article 5 People's governments at all levels shall lead the prevention and treatment of infectious diseases.
People's governments at or above the county level shall formulate plans for the prevention and control of infectious diseases and organize their implementation, and establish and improve disease prevention and control, medical treatment, supervision and management systems for the prevention and control of infectious diseases.
Article 6 The health administration department under the State Council shall be responsible for the prevention and control of infectious diseases and their supervision and administration throughout the country. The health administrative departments of the local people's governments at or above the county level shall be responsible for the prevention and control of infectious diseases and their supervision and administration within their respective administrative areas.
Other departments of the people's governments at or above the county level shall be responsible for the prevention and control of infectious diseases within the scope of their respective duties.
The prevention and treatment of infectious diseases in the armed forces shall be handled in accordance with this Law and the relevant provisions of the State, and shall be supervised and administered by the competent health department of the Chinese People's Liberation Army.
Article 7 Disease prevention and control institutions at all levels shall be responsible for the monitoring, prediction, epidemiological investigation, epidemic situation report and other prevention and control of infectious diseases.
The medical institution shall be responsible for the prevention and treatment of infectious diseases related to medical treatment and the prevention of infectious diseases within its responsibility area. Urban communities and rural grassroots medical institutions, under the guidance of disease prevention and control institutions, undertake the corresponding infectious disease prevention and control work in urban communities and rural grassroots.
Article 8 The State develops modern medicine, traditional Chinese medicine and other traditional medicine, supports and encourages scientific research on the prevention and treatment of infectious diseases, and improves the scientific and technological level of the prevention and treatment of infectious diseases.
The State supports and encourages international cooperation in the prevention and treatment of infectious diseases.
Article 9 The State supports and encourages units and individuals to participate in the prevention and treatment of infectious diseases. People's governments at all levels should improve relevant systems to facilitate units and individuals to participate in publicity and education, epidemic situation reports, voluntary services and donation activities for the prevention and treatment of infectious diseases.
The residents' and villagers' committees shall organize residents and villagers to participate in the prevention and control of infectious diseases in the community and rural areas.
Article 10 The State shall carry out health education on the prevention of infectious diseases. The news media shall, free of charge, carry out public welfare publicity on the prevention and control of infectious diseases and public health education.
Schools at all levels and of all types shall educate students about health and the prevention of infectious diseases.
Medical colleges and universities should strengthen preventive medicine education and scientific research, provide preventive medicine education and training for students and other personnel related to the prevention and treatment of infectious diseases, and provide technical support for the prevention and treatment of infectious diseases.
Disease prevention and control institutions and medical institutions shall regularly train their staff in the knowledge and skills of infectious disease prevention and control.
Article 11 Units and individuals who have made remarkable achievements and contributions in the prevention and control of infectious diseases shall be commended and rewarded.
Persons who become ill, disabled or dead due to their participation in the prevention and treatment of infectious diseases shall be given subsidies and pensions in accordance with relevant regulations.
Article 12 All units and individuals within the territory of the People's Republic of China must accept prevention and control measures such as investigation, inspection, sample collection, isolation and treatment of infectious diseases by disease prevention and control institutions and medical institutions, and truthfully provide relevant information. Disease prevention and control institutions and medical institutions shall not disclose relevant information and data involving personal privacy.
If the health administrative department, other relevant departments, disease prevention and control institutions and medical institutions infringe upon the legitimate rights and interests of units and individuals due to the illegal implementation of administrative management or prevention and control measures, the relevant units and individuals may apply for administrative reconsideration or bring a lawsuit according to law.
Chapter II Prevention of Infectious Diseases
Article 13 People's governments at all levels shall organize and carry out mass health activities, carry out health education on the prevention of infectious diseases, advocate a civilized and healthy lifestyle, improve the public's awareness of and ability to respond to infectious diseases, strengthen environmental sanitation construction, and eliminate the harm of rodents, mosquitoes, flies and other vectors.
The administrative departments of agriculture, water conservancy and forestry under the people's governments at all levels shall, in accordance with their respective functions and responsibilities, be responsible for guiding and organizing the elimination of rodent and schistosomiasis hazards in farmland, lake areas, rivers, pastures and forest areas, as well as the hazards of other animals and vectors that spread infectious diseases.
The administrative departments of railways, transportation and civil aviation shall be responsible for organizing the elimination of rodent damage and the harm of mosquito, fly and other vector organisms in transportation vehicles and related places.
Article 14 The local people's governments at various levels shall, in a planned way, build and transform public health facilities, improve the sanitary conditions of drinking water, and make harmless treatment of sewage, sewage and feces.
Article 15 The State implements a planned vaccination system. The health administration department under the State Council and the health administration departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, according to the needs of the prevention and control of infectious diseases, formulate plans for vaccination against infectious diseases and organize their implementation. Vaccines used for vaccination must meet the national quality standards.
The State implements a vaccination certificate system for children. Vaccination in national immunization planning projects is free of charge. Medical institutions, disease prevention and control institutions and children's guardians shall cooperate with each other to ensure that children receive timely vaccination. The specific measures shall be formulated by the State Council.
Article 16 The state and society should care for and help patients with infectious diseases, pathogen carriers and suspected patients with infectious diseases, so that they can receive timely treatment. No unit or individual may discriminate against infectious disease patients, pathogen carriers and suspected infectious disease patients.
Patients of infectious diseases, pathogen carriers and suspected patients of infectious diseases may not engage in work that is prohibited by laws, administrative regulations and the health administration department under the State Council and is likely to spread the infectious diseases before they are cured or the suspicion of infectious diseases is eliminated.
Article 17 The State establishes a monitoring system for infectious diseases.
The health administration department under the State Council formulates national plans and programs for infectious disease surveillance. The health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the national infectious disease monitoring plans and programs, formulate the infectious disease monitoring plans and work programs of their own administrative regions.
Disease prevention and control institutions at all levels shall monitor the occurrence and prevalence of infectious diseases and the factors affecting their occurrence and prevalence; To monitor infectious diseases that have occurred abroad but have not yet occurred in China or newly occurred infectious diseases in China.
Article 18 Disease prevention and control institutions at all levels shall perform the following duties in the prevention and control of infectious diseases:
（1） Implement plans, plans and programs for the prevention and control of infectious diseases;
（2） Collect, analyze and report the monitoring information of infectious diseases, and predict the occurrence and epidemic trend of infectious diseases;
（3） Carry out epidemiological investigation, on-site treatment and effect evaluation of infectious disease epidemic situation and public health emergencies;
（4） Carry out laboratory testing, diagnosis and pathogen identification of infectious diseases;
（5） Implement the immunization program and be responsible for the use management of preventive biological products;
（6） Carry out health education and consultation, and popularize knowledge of infectious disease prevention;
（7） Guide and train subordinate disease prevention and control institutions and their staff to carry out infectious disease monitoring;
（8） Carry out applied research and health evaluation on infectious disease prevention and control, and provide technical advice.
National and provincial disease prevention and control institutions are responsible for monitoring the occurrence, prevalence and distribution of infectious diseases, forecasting the epidemic trend of major infectious diseases, proposing prevention and control measures, participating in and guiding the investigation and treatment of outbreaks, carrying out pathogen identification of infectious diseases, establishing detection quality control systems, and conducting applied research and health evaluation.
Disease prevention and control institutions in cities and counties divided into districts are responsible for the implementation of infectious disease prevention and control plans and programs, the organization and implementation of immunization, disinfection, and control of the harm of vector organisms, the popularization of infectious disease prevention and control knowledge, the monitoring and reporting of local epidemic situations and public health emergencies, and the carrying out of epidemiological investigation and detection 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, according to the prediction of the occurrence and epidemic trend of infectious diseases, issue an early warning of infectious diseases in a timely manner and publish it according to the circumstances.
Article 20 The local people's governments at or above the county level shall formulate plans for the prevention and control of infectious diseases and report them to the people's governments at the next higher level for the record.
The plan for prevention and control of infectious diseases shall include the following main contents:
（1） Composition of infectious disease prevention and control headquarters and responsibilities of relevant departments;
（2） Monitoring, information collection, analysis, report and notification system of infectious diseases;
（3） Tasks and responsibilities of disease prevention and control institutions and medical institutions in the event of infectious disease outbreaks;
（4） Classification of infectious disease outbreak and prevalence and corresponding emergency work plan;
（5） Prevention of infectious diseases, on-site control of epidemic areas, storage and deployment of emergency facilities, equipment, rescue drugs, medical devices and other materials and technologies.
Local people's governments and disease prevention and control institutions shall, after receiving the early warning of infectious diseases issued by the health administration department under the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, take corresponding preventive and control measures in accordance with the plans for the prevention and control of infectious diseases.
Article 21 Medical institutions must strictly implement the management system and operational norms stipulated by the health administration department under the State Council to prevent iatrogenic infection and hospital infection of infectious diseases.
A medical institution shall appoint a special department or personnel to undertake the report on the epidemic situation of infectious diseases, the prevention and control of infectious diseases in its own unit, and the prevention of infectious diseases in its area of responsibility; Undertake the monitoring of risk factors related to hospital infection, safety protection, disinfection, isolation and medical waste disposal in medical activities.
Disease prevention and control institutions shall designate special personnel to guide and assess the prevention of infectious diseases in medical institutions, and carry out epidemiological investigations.
Article 22 The laboratories of disease prevention and control institutions, medical institutions and units engaged in pathogenic microorganism experiments should meet the conditions and technical standards set by the State, establish a strict supervision and management system, exercise strict supervision and management over samples of infectious disease pathogens in accordance with prescribed measures, and strictly prevent laboratory infection of infectious disease pathogens and the spread of pathogenic microorganisms.
Article 23 Blood collection and supply institutions and production units of biological products must strictly implement the relevant provisions of the State to ensure the quality of blood and blood products. It is prohibited to illegally collect blood or organize others to sell blood.
When using blood and blood products, disease prevention and control institutions and medical institutions must comply with the relevant provisions of the State to prevent the occurrence of blood borne diseases caused by the importation of blood and the use of blood products.
Article 24 People's governments at all levels should strengthen the prevention and control of AIDS and take preventive and control measures to prevent the spread of AIDS. The specific measures shall be formulated by the State Council.
Article 25 The administrative departments of agriculture, forestry and other relevant departments of the people's governments at or above the county level shall, in accordance with their respective duties, be responsible for the prevention and control of animal infectious diseases related to infectious diseases shared by humans and animals.
Wild animals, domestic animals and poultry related to zoonotic infectious diseases can be sold and transported only after passing quarantine inspection.
Article 26 The State shall establish a database of strains and strains of infectious diseases.
The collection, storage, carrying, transportation and use of infectious disease strains, virus strains and infectious disease test samples shall be subject to classified management, and a strict management system shall be established and improved.
If it is really necessary to collect, preserve, carry, transport and use strains, virus strains and infectious disease test samples that may cause the spread of Class A infectious diseases and that are prescribed by the health administration department under the State Council, approval must be obtained from the health administration department of the people's government at or above the provincial level. The specific measures shall be formulated by the State Council.
Article 27 The units and individuals concerned must, under the guidance of the disease prevention and control institutions or in accordance with the sanitary requirements put forward by them, strictly disinfect the sewage, sewage, places and articles contaminated by the pathogens of infectious diseases; If disinfection treatment is refused, the local health administrative department or disease prevention and control institution shall carry out compulsory disinfection treatment.
Article 28 If large-scale construction projects such as water conservancy, transportation, tourism and energy are planned to be built in the natural epidemic focus confirmed by the State, the disease prevention and control institution at or above the provincial level shall conduct hygiene investigation on the construction environment in advance. The construction unit shall take necessary measures for the prevention and control of infectious diseases according to the opinions of disease prevention and control institutions. During the construction period, the construction unit shall assign special personnel to take charge of the sanitation and epidemic prevention work on the construction site. After the completion of the project, the disease prevention and control institution shall monitor the possible infectious diseases.
Article 29 Disinfection products used for the prevention and treatment of infectious diseases, drinking water supplied by drinking water supply units and products involving the hygiene and safety of drinking water shall conform to the national hygiene standards and norms.
A drinking water supply unit that engages in production or supply activities shall obtain a hygiene license according to law.
The units producing disinfection products for the prevention and treatment of infectious diseases and the production of disinfection products for the prevention and treatment of infectious diseases shall be subject to the examination and approval of the administrative department of health of the people's government at or above the provincial level. The specific measures shall be formulated by the State Council.
Chapter III Report, Notification and Publication of Epidemic Situation
Article 30 When disease prevention and control institutions, medical institutions, blood collection and supply institutions and their personnel performing their duties discover the epidemic situation of infectious diseases prescribed by this Law or the outbreak and prevalence of other infectious diseases, as well as infectious diseases with unknown causes, they shall follow the principle of territorial management of epidemic situation reports, and follow the contents and procedures stipulated by the State Council or the health administration department under the State Council Mode and time limit report.
When military medical institutions provide medical services to the public and discover the epidemic situation of infectious diseases specified in the preceding paragraph, they shall report it in accordance with the provisions of the health administration department under the State Council.
Article 31 When any unit or individual finds an infectious disease patient or a suspected infectious disease patient, it shall report to the nearby disease prevention and control institution or medical institution in a timely manner.
Article 32 When disease prevention and control institutions at ports, airports, railways and frontier health and quarantine offices find patients with Class A infectious diseases, pathogen carriers or suspected patients, they shall, in accordance with the relevant provisions of the State, immediately report to the disease prevention and control institutions at the place where the frontier port is located or the health administrative departments of the local people's governments at or above the county level, and notify each other.
Article 33 Disease prevention and control institutions shall take the initiative to collect, analyze, investigate and verify information on the epidemic situation of infectious diseases. When receiving the report on the epidemic situation of Class A and Class B infectious diseases or discovering the outbreak and prevalence of infectious diseases, the local health administrative department shall immediately report to the local health administrative department, which shall immediately report to the local people's government, and at the same time report to the health administrative department at a higher level and the health administrative department under the State Council.
Disease prevention and control institutions shall establish or designate special departments and personnel to take charge of the information management of infectious disease epidemic situation, and verify and analyze the epidemic situation report in a timely manner.
Article 34 The health administrative departments of the local people's governments at or above the county level shall promptly notify the disease prevention and control institutions and medical institutions within their respective administrative areas of the epidemic situation of infectious diseases and the relevant information on monitoring and early warning. The notified disease prevention and control institutions and medical institutions shall timely inform the relevant personnel of their own units.
Article 35 The health administration department under the State Council shall promptly notify other relevant departments under the State Council and the health administration departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government of the epidemic situation of infectious diseases nationwide and the relevant information on monitoring and early warning.
The health administrative departments of the adjacent and relevant local people's governments shall timely inform each other of the epidemic situation of infectious diseases in their respective administrative regions and the information related to monitoring and early warning.
When the relevant departments of the people's governments at or above the county level discover the epidemic situation of infectious diseases, they shall promptly notify the administrative departments of health of the people's governments at the same level.
When the competent health department of the Chinese People's Liberation Army discovers the epidemic situation of infectious diseases, it shall report it to the health administration department under the State Council.
Article 36 Animal epidemic prevention agencies and disease prevention and control agencies shall promptly notify each other of the epidemic situation of zoonotic infectious diseases among animals and among humans and the relevant information.
Article 37 The relevant departments of the people's government, disease prevention and control institutions, medical institutions, blood collection and supply institutions and their staff responsible for reporting the epidemic situation of infectious diseases in accordance with the provisions of this Law shall not conceal, make false reports or delay reporting the epidemic situation of infectious diseases.
Article 38 The State establishes a system for the publication of information on the epidemic situation of infectious diseases.
The health administration department under the State Council regularly publishes information on the epidemic situation of infectious diseases throughout the country. The health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government regularly publish information on the epidemic situation of infectious diseases in their respective administrative regions.
When an infectious disease breaks out and prevails, the health administration department under the State Council is responsible for publishing the information on the epidemic situation of infectious diseases to the public, and may authorize the health administration departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government to publish the information on the epidemic situation of infectious diseases in their administrative regions to the public.
The information on the epidemic situation of infectious diseases shall be published in a timely and accurate manner.
Chapter IV Epidemic Control
Article 39 When a medical institution discovers a Class A infectious disease, it shall take the following measures in a timely manner:
（1） Patients and pathogen carriers shall be isolated for treatment, and the isolation period shall be determined according to the results of medical examination;
（2） Suspected patients shall be treated separately in the designated place before diagnosis;
（3） Medical observation and other necessary preventive measures shall be taken at designated places for patients, pathogen carriers and close contacts of suspected patients in medical institutions.
If a medical institution refuses to receive isolation treatment or leaves isolation treatment without authorization before the isolation period expires, the public security organ may assist the medical institution to take compulsory isolation treatment measures.
When medical institutions find patients with Class B or Class C infectious diseases, they shall take necessary treatment and transmission control measures according to their conditions.
Medical institutions must, in accordance with the provisions of laws and regulations, disinfect and innocuously dispose of places, articles and medical waste in their units that are contaminated by pathogens of infectious diseases.
Article 40 When discovering the epidemic situation of infectious diseases or receiving a report on the epidemic situation of infectious diseases, disease prevention and control institutions shall take the following measures in a timely manner:
（1） Carry out epidemiological investigation on the epidemic situation of infectious diseases, put forward suggestions on delimiting the epidemic point and epidemic area according to the investigation, conduct sanitary treatment on the contaminated places, conduct medical observation and take other necessary preventive measures at the designated places for close contacts, and submit the epidemic control plan to the health administrative department;
（2） When an infectious disease breaks out and spreads, sanitize the epidemic spot and area, put forward the epidemic control plan to the health administrative department, and take measures according to the requirements of the health administrative department; （3） To guide disease prevention and control institutions at lower levels to implement measures for the prevention and control of infectious diseases, and to organize and guide relevant units to deal with the epidemic situation of infectious diseases.
Article 41 The local people's government at or above the county level in the place where a case of Class A infectious disease has occurred or a person in a specific area of the place is located may implement isolation measures and at the same time report to the people's government at the next higher level; The people's government at a higher level that receives the report shall immediately decide whether to approve it or not. If the people's government at a higher level decides not to approve, the people's government implementing the isolation measures shall immediately lift the isolation measures.
During the period of isolation, the people's government implementing the isolation measures shall provide living security for the isolated persons; If the isolated person has a work unit, the unit to which he belongs shall not stop paying him remuneration for his work during the period of isolation.
The removal of isolation measures shall be decided and announced by the original decision making organ.
Article 42 When an infectious disease breaks out and prevails, the local people's government at or above the county level shall immediately organize forces to prevent and control it in accordance with the prevention and control plan, cut off the route of transmission of infectious diseases, and when necessary, report to the people's government at the next higher level for decision, and may take the following emergency measures and make a public announcement:
（1） Restrict or stop fairs, theater performances or other crowd gathering activities;
（2） Suspension of work, business and classes;
（3） Enclose or seal up public drinking water sources, food and related articles contaminated by infectious disease pathogens;
（4） Control or exterminate infected wild animals, livestock and poultry;
（5） Close the places that may cause the spread of infectious diseases.
When the people's government at a higher level receives a report from the people's government at a lower level on the adoption of the emergency measures listed in the preceding paragraph, it shall immediately make a decision.
The cancellation of emergency measures shall be decided and announced by the original decision making organ.
Article 43 When a Class A or Class B infectious disease breaks out and prevails, the local people's government at or above the county level may declare part or all of its administrative area an epidemic area after reporting to the people's government at the next higher level for decision; The State Council may decide and declare epidemic areas that span different provinces, autonomous regions and municipalities directly under the Central Government. The local people's government at or above the county level may take emergency measures as prescribed in Article 42 of this Law in the epidemic area, and may carry out health quarantine on persons, goods and materials and means of transport entering or leaving the epidemic area.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may decide to blockade the epidemic areas of Class A infectious diseases within their own administrative areas; However, the decision of the State Council shall apply to the blockade of an epidemic area in a large or medium-sized city or an epidemic area that spans two or more provinces, autonomous regions or municipalities directly under the Central Government, as well as to the blockade of an epidemic area, which leads to the interruption of trunk line traffic or the blockade of national boundaries.
The lifting of the blockade of an epidemic area shall be decided and announced by the organ that originally made the decision.
Article 44 When a Class A infectious disease occurs, traffic health quarantine can be carried out to prevent the infectious disease from spreading through the means of transportation and the people and materials on board. The specific measures shall be formulated by the State Council.
Article 45 When an infectious disease breaks out and prevails, the State Council has the power to urgently mobilize personnel or transfer reserve materials and temporarily requisition houses, transportation vehicles and related facilities and equipment within its own administrative region or across provinces, autonomous regions and municipalities directly under the Central Government according to the needs of infectious disease epidemic control.
Where personnel are urgently mobilized, they shall be given reasonable remuneration in accordance with regulations. If houses, vehicles and related facilities and equipment are temporarily requisitioned, compensation shall be made according to law; If it can be returned, it shall be returned in a timely manner.
Article 46 If a person dies from a Class A infectious disease or anthrax, the corpse shall be immediately sanitized and cremated at a nearby place. If a person dies from other infectious diseases, the corpse shall, when necessary, be cremated after sanitization or buried deep in accordance with regulations.
In order to find out the cause of an infectious disease, medical institutions may, when necessary, carry out autopsy and examination of the corpse of an infectious disease patient or a suspected infectious disease patient in accordance with the provisions of the health administration department under the State Council, and shall inform the family members of the deceased.
Article 47 Articles contaminated or likely to be contaminated by infectious disease pathogens in the epidemic area that can be used after disinfection shall be disinfected under the guidance of the local disease prevention and control institutions before being used, sold and transported.
Article 48 When an epidemic situation of infectious diseases occurs, disease prevention and control institutions and other professional and technical institutions related to infectious diseases designated by the health administration department of the people's government at or above the provincial level may enter the epidemic spots and areas of infectious diseases for investigation, sampling, technical analysis and testing.
Article 49 When an infectious disease breaks out and spreads, the production and supply units of drugs and medical instruments shall timely produce and supply drugs and medical instruments for the prevention and control of infectious diseases. The operating units of railways, communications and civil aviation must give priority to the transportation of personnel handling the epidemic situation of infectious diseases, as well as drugs and medical instruments for the prevention and treatment of infectious diseases. The relevant departments of the people's governments at or above the county level shall do a good job in organization and coordination.
Chapter V Medical Treatment
Article 50 People's governments at or above the county level should strengthen and improve the construction of the medical treatment service network for infectious diseases, designate medical institutions with the conditions and ability to treat infectious diseases to undertake the task of treating infectious diseases, or set up infectious disease hospitals according to the needs of treating infectious diseases.
Article 51 The basic standards, architectural design and service processes of medical institutions shall meet the requirements for the prevention of hospital infection of infectious diseases.
Medical institutions shall sterilize the medical instruments used according to the regulations; Medical instruments that are used once according to regulations shall be destroyed after use.
Medical institutions shall, in accordance with the diagnostic standards and treatment requirements for infectious diseases stipulated by the health administration department under the State Council, take corresponding measures to improve their ability to treat infectious diseases.
Article 52 Medical institutions shall provide medical aid, on-site rescue and treatment to patients with infectious diseases or suspected infectious diseases, write medical records and other relevant materials, and keep them properly.
Medical institutions shall implement the system of pre examination and triage of infectious diseases; Infectious disease patients and suspected infectious disease patients should be guided to relatively isolated triage points for initial diagnosis. If the medical institution does not have the corresponding treatment ability, it shall transfer the patient and the copy of his medical record to the medical institution with the corresponding treatment ability. The specific measures shall be formulated by the health administration department under the State Council.
Chapter VI Supervision and Management
Article 53 The health administrative departments of the people's governments at or above the county level shall perform the following duties of supervision and inspection over the prevention and control of infectious diseases:
（1） To supervise and inspect the performance of the functions of the health administration departments of the people's governments at lower levels in the prevention and treatment of infectious diseases as prescribed by this Law;
（2） To supervise and inspect the prevention and treatment of infectious diseases in disease prevention and control institutions and medical institutions;
（3） To supervise and inspect the blood collection and supply activities of blood collection and supply institutions;
（4） Supervise and inspect the disinfection products used for the prevention and treatment of infectious diseases and their production units, and supervise and inspect the production or supply activities of the drinking water supply units and the products involving the sanitation and safety of drinking water;
（5） To supervise and inspect the collection, preservation, carrying, transportation and use of infectious disease strains, virus strains and infectious disease test samples;
（6） To supervise and inspect the sanitary conditions of public places and relevant units and the measures for prevention and control of infectious diseases.
The administrative department of health under the people's government at or above the provincial level shall be responsible for organizing the handling of major matters concerning the prevention and treatment of infectious diseases.
Article 54 When performing their duties of supervision and inspection, the health administrative departments of the people's governments at or above the county level have the right to enter the units under inspection and the scene of the epidemic situation of infectious diseases to investigate and collect evidence, consult or copy relevant data and collect samples. The inspected units shall cooperate and shall not refuse or obstruct.
Article 55 When performing their duties of supervision and inspection, the health administrative departments of the local people's governments at or above the county level may take temporary control measures to close public drinking water sources, seal up food and related articles or suspend sales if they find that public drinking water sources, food and related articles are contaminated by infectious disease pathogens and that failure to take control measures in a timely manner may lead to the spread and prevalence of infectious diseases, And shall be inspected or sterilized. The food that is found to be contaminated after inspection shall be destroyed; Control measures shall be lifted for uncontaminated food or articles that can be used after disinfection.
Article 56 When performing their duties according to law, the staff of the administrative department of public health shall not be less than two, and shall show their law enforcement certificates and fill in health law enforcement documents.
After checking the health law enforcement documents, they should be signed by the health law enforcement personnel and the parties concerned. If the party refuses to sign, the health law enforcement personnel shall indicate the situation.
Article 57 The administrative department of public health shall establish and improve the internal supervision system according to law, and supervise the performance of duties by its staff in accordance with the statutory authority and procedures.
If the health administrative department at a higher level finds that the health administrative department at a lower level does not deal with the matters within the scope of its duties in a timely manner or does not perform its duties, it shall order it to correct or directly deal with them.
Article 58 When performing their duties, the administrative departments of public health and their staff members should consciously accept the supervision of society and citizens. Units and individuals have the right to report violations of this Law to the people's governments at higher levels and their health administrative departments. The people's government concerned or its administrative department for public health after receiving the report shall investigate and deal with it in a timely manner.
Chapter VII Safeguard Measures
Article 59 The State incorporates the prevention and control of infectious diseases into the national economic and social development plan, and the local people's governments at or above the county level incorporate the prevention and control of infectious diseases into the national economic and social development plan of their respective administrative regions.
Article 60 The local people's governments at or above the county level shall be responsible for the daily funds for the prevention, control and supervision of infectious diseases within their respective administrative areas in accordance with the functions and responsibilities of the governments at the corresponding levels.
The health administration department under the State Council, together with the relevant departments under the State Council, shall, in accordance with the epidemic trend of infectious diseases, determine the items of prevention, control, treatment, monitoring, prediction, early warning, supervision and inspection of infectious diseases throughout the country. The central government will subsidize the implementation of major infectious disease prevention projects in difficult areas.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the epidemic trend of infectious diseases within their respective administrative areas, determine projects for the prevention, control and supervision of infectious diseases within the scope of the projects determined by the health administration department under the State Council, and guarantee the implementation funds for the projects.
Article 61 The State strengthens the system of prevention and treatment of infectious diseases at the grass-roots level, and supports the prevention and treatment of infectious diseases in poverty-stricken areas and ethnic minority areas.
The local people's governments at various levels shall guarantee the funds for the prevention of infectious diseases in urban communities and rural grassroots.
Article 62 The State provides medical assistance to people in need who suffer from specific infectious diseases, and reduces or exempts medical expenses. The specific measures shall be formulated by the health administrative department of the State Council in conjunction with the financial department of the State Council and other departments.
Article 63 People's governments at or above the county level shall be responsible for storing medicines, medical instruments and other materials for the prevention and treatment of infectious diseases for use.
Article 64 For personnel engaged in the prevention, medical treatment, scientific research, teaching and on-site treatment of infectious diseases, as well as other personnel who come into contact with the pathogen of infectious diseases in production and work, the relevant units shall, in accordance with the provisions of the State, take effective health protection measures and medical care measures, and give appropriate allowances.
Chapter VIII Legal Liability
Article 65 Where a local people's government at various levels fails to perform its reporting duties in accordance with the provisions of this Law, or conceals, falsely reports or delays the reporting of the epidemic situation of infectious diseases, or fails to organize timely treatment and take control measures when an infectious disease breaks out or spreads, the people's government at a higher level shall order it to make corrections and circulate a notice of criticism; If it causes the spread or prevalence of an infectious disease or other serious consequences, the responsible person in charge shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 66 If the administrative department of public health under the people's government at or above the county level, in violation of the provisions of this Law, commits one of the following acts, the people's government at the same level or the administrative department of public health under the people's government at a higher level shall order it to make corrections and circulate a notice of criticism; If it causes the spread or prevalence of an infectious disease or other serious consequences, the person in charge and other persons directly responsible shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law:
（1） Failing to perform the duty of notifying, reporting or announcing the epidemic situation of infectious diseases according to law, or concealing, misrepresenting or delaying the reporting of the epidemic situation of infectious diseases;
（2） Failing to take timely preventive and control measures when infectious diseases occur or may spread;
（3） Failing to perform the duty of supervision and inspection according to law, or failing to investigate and deal with illegal acts in a timely manner upon discovery;
（4） Failing to investigate and deal with the report made by the unit or individual on the failure of the lower level health administration department to perform the duty of prevention and treatment of infectious diseases in a timely manner;
（5） Other acts of dereliction of duty and dereliction of duty in violation of this Law.
Article 67 If the relevant departments of the people's governments at or above the county level fail to perform their duties of prevention, control and protection of infectious diseases in accordance with the provisions of this Law, the people's governments at the same level or the relevant departments of the people's governments at higher levels shall order them to make corrections and circulate a notice of criticism; If it causes the spread or prevalence of an infectious disease or other serious consequences, the person in charge and other persons directly responsible shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 68 If a disease prevention and control institution, in violation of the provisions of this Law, commits one of the following acts, the health administrative department of the people's government at or above the county level shall order it to make corrections within a time limit, circulate a notice of criticism and give it a warning; The responsible person in charge and other persons directly responsible shall be demoted, dismissed or dismissed according to law, and the practice certificate of the responsible person may be revoked according to law; If a crime is constituted, criminal responsibility shall be investigated according to law:
（1） Failing to perform the duty of monitoring infectious diseases according to law;
（2） Failing to perform the duty of reporting and notifying the epidemic situation of infectious diseases according to law, or concealing, misrepresenting or delaying the reporting of the epidemic situation of infectious diseases;
（3） Failing to actively collect information on the epidemic situation of infectious diseases, or failing to timely analyze, investigate and verify the epidemic situation information and report of infectious diseases;
（4） Failing to take the measures prescribed in this Law in a timely manner according to their duties when discovering the epidemic situation of infectious diseases;
（5） Deliberately divulging the information and data related to personal privacy of infectious disease patients, pathogen carriers, suspected infectious disease patients and close contacts.
Article 69 If a medical institution, in violation of the provisions of this Law, commits one of the following acts, the administrative department of public health under the people's government at or above the county level shall order it to make corrections, circulate a notice of criticism and give it a warning; If it causes the spread and prevalence of infectious diseases or other serious consequences, the responsible person in charge and other persons directly responsible shall be demoted, dismissed or dismissed according to law, and the practice certificate of the responsible person may be revoked according to law; If a crime is constituted, criminal responsibility shall be investigated according to law:
（1） Failing to undertake the work of prevention and control of infectious diseases in the unit, the task of hospital infection control and the work of prevention of infectious diseases in the responsible area as required;
（2） Failing to report the epidemic situation of infectious diseases in accordance with regulations, or concealing, misrepresenting or delaying the report of the epidemic situation of infectious diseases;
（3） When discovering the epidemic situation of infectious diseases, failing to provide medical aid, on-site rescue, reception and referral to patients with infectious diseases or suspected infectious diseases, or refusing to accept referral;
（4） Failing to disinfect or innocuously treat the sites, articles and medical waste contaminated by the pathogen of infectious diseases within the unit according to regulations;
（5） Failing to disinfect the medical instruments in accordance with the regulations, or failing to destroy the medical instruments used once in accordance with the regulations and reusing them;
（6） Failing to keep medical records as required during medical treatment;
（7） Deliberately divulging the information and data related to personal privacy of infectious disease patients, pathogen carriers, suspected infectious disease patients and close contacts.
Article 70 If a blood collection and supply institution fails to report the epidemic situation of infectious diseases according to the regulations, or conceals, falsely reports or delays the report of the epidemic situation of infectious diseases, or fails to implement the relevant regulations of the State, resulting in the occurrence of a blood borne disease due to the importation of blood, the administrative department of public health of the people's government at or above the county level shall order it to make corrections, circulate a notice of criticism and give it a warning; If it causes the spread and prevalence of infectious diseases or other serious consequences, the responsible person in charge and other persons directly responsible shall be demoted, dismissed or dismissed according to law, and the practice license of the blood collection and supply institution may be revoked according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Those who illegally collect blood or organize others to sell blood shall be banned by the administrative department of public health under the people's government at or above the county level, their illegal gains shall be confiscated, and they may also be fined not more than 100000 yuan; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 71 If a frontier health and quarantine office or an animal epidemic prevention agency fails to perform its duty of notifying the epidemic situation of infectious diseases according to law, the relevant department shall, within the scope of their respective duties, order it to make corrections and circulate a notice of criticism; If the spread and prevalence of infectious diseases or other serious consequences are caused, the responsible person in charge and other persons directly responsible shall be demoted, dismissed or dismissed according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 72 If a railway, communications or civil aviation business unit fails to give priority to the transportation of personnel handling the epidemic situation of infectious diseases and the drugs and medical instruments for the prevention and treatment of infectious diseases in accordance with the provisions of this Law, the relevant department shall order it to make corrections within a time limit and give it a warning; If serious consequences are caused, the responsible person in charge and other persons directly responsible shall be demoted, dismissed or dismissed according to law.
Article 73 If anyone, in violation of the provisions of this Law, commits one of the following acts, which has caused or may cause the spread and prevalence of infectious diseases, the health administration department of the people's government at or above the county level shall order him to make corrections within a time limit, confiscate his illegal income and may also impose a fine of not more than 50000 yuan; If a license has been obtained, the original license issuing department may suspend or revoke the license according to law; If a crime is constituted, criminal responsibility shall be investigated according to law:
（1） The drinking water supplied by the drinking water supply unit does not conform to the national hygiene standards and norms;
（2） The products related to the hygiene and safety of drinking water do not conform to the national hygiene standards and norms;
（3） Disinfection products used for the prevention and treatment of infectious diseases do not meet the national health standards and norms;
（4） Selling or transporting articles in an epidemic area that are or may be contaminated by infectious disease pathogens without disinfection treatment;
（5） The blood products produced by the production unit of biological products do not meet the national quality standards.
Article 74 If anyone, in violation of the provisions of this Law, commits one of the following acts, the administrative department of public health of the local people's government at or above the county level shall order him to make corrections, circulate a notice of criticism, and give him a warning. If he has obtained a license, he may suspend or revoke the license according to law; If it causes the spread and prevalence of infectious diseases and other serious consequences, the responsible person in charge and other persons directly responsible shall be demoted, dismissed or dismissed according to law, and the practice certificate of the responsible person may be revoked according to law; If a crime is constituted, criminal responsibility shall be investigated according to law:
（1） Disease prevention and control institutions, medical institutions and units engaged in pathogenic microorganism experiments do not meet the conditions and technical standards set by the state, and do not strictly manage the samples of infectious disease pathogens according to regulations, resulting in laboratory infection and the spread of pathogenic microorganisms;
（2） Collecting, preserving, carrying, transporting and using strains and virus strains of infectious diseases and samples for testing infectious diseases in violation of the relevant provisions of the State;
（3） Disease prevention and control institutions and medical institutions fail to implement the relevant provisions of the state, resulting in the occurrence of blood borne diseases due to the importation of blood or the use of blood products.
Article 75 Where wild animals, domestic animals and poultry related to infectious diseases common to human beings and animals are sold and transported without quarantine, the animal husbandry and veterinary administrative department of the local people's government at or above the county level shall order them to stop the illegal act and impose administrative penalties according to law.
Article 76 Those who build large-scale construction projects such as water conservancy, transportation, tourism and energy in the natural epidemic focus recognized by the State and carry out construction without health investigation, or fail to take necessary measures for the prevention and control of infectious diseases according to the opinions of disease prevention and control institutions, shall be ordered to make corrections within a time limit and given a warning by the health administrative department of the people's government at or above the county level, Impose a fine of not less than 5000 yuan but not more than 30000 yuan; If it fails to make corrections within the time limit, it shall be fined not less than 30000 yuan but not more than 100000 yuan, and may request the relevant people's government to order it to suspend construction or close down according to its functions and powers.
Article 77 Any unit or individual that, in violation of the provisions of this Law, causes the spread and prevalence of infectious diseases and causes damage to the person and property of others shall bear civil liability according to law.
Chapter IX Supplementary Provisions
Article 78 For the purposes of this Law, the meanings of the following terms are:
The diagnostic criteria for infectious diseases regulated by the Law of the People's Republic of China on the Prevention and Treatment of Infectious Diseases refer to those who meet the diagnostic criteria for patients with infectious diseases and suspected patients with infectious diseases.
（2） Pathogen carrier: refers to a person who has no clinical symptoms but can expel pathogens.
（3） Epidemiological investigation refers to the investigation and study of the distribution of diseases or health conditions in the population and their determinants, and the proposal of disease prevention and control measures and health care countermeasures.
（4） Epidemic point: refers to a small area or a single focus where pathogens spread from the source of infection to the surrounding areas.
（5） Epidemic area: refers to the area where infectious diseases break out and spread among people, and the pathogen can spread to the surrounding areas.
（6） Human zoonotic infectious diseases: refer to the infectious diseases jointly suffered by humans and vertebrates, such as plague, rabies, schistosomiasis, etc.
（7） Natural focus: refers to the area where some pathogens that can cause human infectious diseases exist and circulate in wild animals in nature for a long time.
（8） Vectors refer to organisms that can transmit pathogens from humans or other animals to humans, such as mosquitoes, flies, fleas, etc.
（9） Iatrogenic infection refers to the infection caused by pathogen transmission in medical services.
（10） Hospital infection: refers to the infection acquired by inpatients in the hospital, including the infection occurred during hospitalization and the infection occurred after being discharged from the hospital, but does not include the infection that started before admission or was in the incubation period at the time of admission. The infection acquired by hospital staff in the hospital also belongs to hospital infection.
（11） Laboratory infection: refers to the infection caused by contact with pathogens when engaged in laboratory work.
（12） Bacterial strains and virus strains refer to the bacterial strains and virus strains that may cause the occurrence of infectious diseases specified in this Law.
（13） Disinfection refers to killing or eliminating pathogenic microorganisms in the environment by chemical, physical and biological methods.
（14） Disease prevention and control institutions: refer to disease prevention and control centers engaged in disease prevention and control activities and units with the same business activities as the above institutions.
（15） Medical institution: refers to an institution that has obtained a medical institution practice license in accordance with the Regulations on the Administration of Medical Institutions and is engaged in disease diagnosis and treatment activities.
Article 79 In the prevention and control of infectious diseases, the provisions of other relevant laws and administrative regulations shall apply to matters not covered by this Law, such as the management of food, drugs, blood, water, medical waste and pathogenic microorganisms, animal epidemic prevention and frontier health quarantine.
Article 80 This Law shall come into force as of December 1, 2004.
