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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)

(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foodstuffs which are not contaminated or objects which can be used after disinfection, the control measures shall be withdrawn.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;

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