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Law of the People's Republic of China on Prevention and Treatment of Infectious Diseases

Updated: 2019-05-29

(en.nhc.gov.cn)

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.

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