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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) 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.


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