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Law of the People's Republic of China on Prevention and Treatment of Infectious Diseases (2004 Revision) Revised

中华人民共和国传染病防治法(2004修订)

[CLI Code] CLI.1.54998(EN)  Statement
  • (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)
  • (第17号)

  • Contents
  • 中华人民共和国主席 胡锦涛
  • 2004年8月28日
  • (1989年2月21日第七届全国人民代表大会常务委员会第六次会议通过 2004年8月28日第十届全国人民代表大会常务委员会第十一次会议修订)

  • 目录

  • 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.
  • 第一章 总则

  • 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.
  •   第一条 为了预防、控制和消除传染病的发生与流行,保障人体健康和公共卫生,制定本法。
  • 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.
  •   第二条 国家对传染病防治实行预防为主的方针,防治结合、分类管理、依靠科学、依靠群众。
  • 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.
  •   第三条 本法规定的传染病分为甲类、乙类和丙类。
  • 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.
  • 甲类传染病是指:鼠疫、霍乱。
  • 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.
  • 乙类传染病是指:传染性非典型肺炎、艾滋病、病毒性肝炎、脊髓灰质炎、人感染高致病性禽流感、麻疹、流行性出血热、狂犬病、流行性乙型脑炎、登革热、炭疽、细菌性和阿米巴性痢疾、肺结核、伤寒和副伤寒、流行性脑脊髓膜炎、百日咳、白喉、新生儿破伤风、猩红热、布鲁氏菌病、淋病、梅毒、钩端螺旋体病、血吸虫病、疟疾。
  • 丙类传染病是指:流行性感冒、流行性腮腺炎、风疹、急性出血性结膜炎、麻风病、流行性和地方性斑疹伤寒、黑热病、包虫病、丝虫病,除霍乱、细菌性和阿米巴性痢疾、伤寒和副伤寒以外的感染性腹泻病。
  • Article 5 People's governments at various levels shall direct the work of preventing and treating infectious diseases.
  • 上述规定以外的其他传染病,根据其暴发、流行情况和危害程度,需要列入乙类、丙类传染病的,由国务院卫生行政部门决定并予以公布。
  • 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.
  •   第四条 对乙类传染病中传染性非典型肺炎、炭疽中的肺炭疽和人感染高致病性禽流感,采取本法所称甲类传染病的预防、控制措施。其他乙类传染病和突发原因不明的传染病需要采取本法所称甲类传染病的预防、控制措施的,由国务院卫生行政部门及时报经国务院批准后予以公布、实施。
  • 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.
  • 省、自治区、直辖市人民政府对本行政区域内常见、多发的其他地方性传染病,可以根据情况决定按照乙类或者丙类传染病管理并予以公布,报国务院卫生行政部门备案。
  • 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.
  •   第五条 各级人民政府领导传染病防治工作。
  • 县级以上人民政府制定传染病防治规划并组织实施,建立健全传染病防治的疾病预防控制、医疗救治和监督管理体系。
  • 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.
  •   第六条 国务院卫生行政部门主管全国传染病防治及其监督管理工作。县级以上地方人民政府卫生行政部门负责本行政区域内的传染病防治及其监督管理工作。
  • 县级以上人民政府其他部门在各自的职责范围内负责传染病防治工作。
  • 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.
  • 军队的传染病防治工作,依照本法和国家有关规定办理,由中国人民解放军卫生主管部门实施监督管理。
  • The State supports and encourages international cooperation in preventing and treating infectious diseases.
  •   第七条 各级疾病预防控制机构承担传染病监测、预测、流行病学调查、疫情报告以及其他预防、控制工作。
  • 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.
  • 医疗机构承担与医疗救治有关的传染病防治工作和责任区域内的传染病预防工作。城市社区和农村基层医疗机构在疾病预防控制机构的指导下,承担城市社区、农村基层相应的传染病防治工作。
  • 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.
  •   第八条 国家发展现代医学和中医药等传统医学,支持和鼓励开展传染病防治的科学研究,提高传染病防治的科学技术水平。
  • 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.
  • 国家支持和鼓励开展传染病防治的国际合作。
  • 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.
  •   第九条 国家支持和鼓励单位和个人参与传染病防治工作。各级人民政府应当完善有关制度,方便单位和个人参与防治传染病的宣传教育、疫情报告、志愿服务和捐赠活动。
  • 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.
  • 居民委员会、村民委员会应当组织居民、村民参与社区、农村的传染病预防与控制活动。
  • 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.
  •   第十条 国家开展预防传染病的健康教育。新闻媒体应当无偿开展传染病防治和公共卫生教育的公益宣传。
  • 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.
  • 各级各类学校应当对学生进行健康知识和传染病预防知识的教育。
  • 医学院校应当加强预防医学教育和科学研究,对在校学生以及其他与传染病防治相关人员进行预防医学教育和培训,为传染病防治工作提供技术支持。
  • 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.
  • 疾病预防控制机构、医疗机构应当定期对其工作人员进行传染病防治知识、技能的培训。
  • 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.
  •   第十一条 对在传染病防治工作中做出显著成绩和贡献的单位和个人,给予表彰和奖励。
  • Chapter II Prevention of Infectious Diseases
  • 对因参与传染病防治工作致病、致残、死亡的人员,按照有关规定给予补助、抚恤。
  • 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.
  •   第十二条 在中华人民共和国领域内的一切单位和个人,必须接受疾病预防控制机构、医疗机构有关传染病的调查、检验、采集样本、隔离治疗等预防、控制措施,如实提供有关情况。疾病预防控制机构、医疗机构不得泄露涉及个人隐私的有关信息、资料。
  • 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.
  • 卫生行政部门以及其他有关部门、疾病预防控制机构和医疗机构因违法实施行政管理或者预防、控制措施,侵犯单位和个人合法权益的,有关单位和个人可以依法申请行政复议或者提起诉讼。
  • 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.
  • 第二章 传染病预防

  • 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.
  •   第十三条 各级人民政府组织开展群众性卫生活动,进行预防传染病的健康教育,倡导文明健康的生活方式,提高公众对传染病的防治意识和应对能力,加强环境卫生建设,消除鼠害和蚊、蝇等病媒生物的危害。
  • 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.
  • 各级人民政府农业、水利、林业行政部门按照职责分工负责指导和组织消除农田、湖区、河流、牧场、林区的鼠害与血吸虫危害,以及其他传播传染病的动物和病媒生物的危害。
  • 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.
  • 铁路、交通、民用航空行政部门负责组织消除交通工具以及相关场所的鼠害和蚊、蝇等病媒生物的危害。
  • 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.
  •   第十四条 地方各级人民政府应当有计划地建设和改造公共卫生设施,改善饮用水卫生条件,对污水、污物、粪便进行无害化处置。
  • 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.
  •   第十五条 国家实行有计划的预防接种制度。国务院卫生行政部门和省、自治区、直辖市人民政府卫生行政部门,根据传染病预防、控制的需要,制定传染病预防接种规划并组织实施。用于预防接种的疫苗必须符合国家质量标准。
  • Article 17 The state establishes the system for monitoring infectious diseases.
  • 国家对儿童实行预防接种证制度。国家免疫规划项目的预防接种实行免费。医疗机构、疾病预防控制机构与儿童的监护人应当相互配合,保证儿童及时接受预防接种。具体办法由国务院制定。
  • 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.
  •   第十六条 国家和社会应当关心、帮助传染病病人、病原携带者和疑似传染病病人,使其得到及时救治。任何单位和个人不得歧视传染病病人、病原携带者和疑似传染病病人。
  • 传染病病人、病原携带者和疑似传染病病人,在治愈前或者在排除传染病嫌疑前,不得从事法律、行政法规和国务院卫生行政部门规定禁止从事的易使该传染病扩散的工作。
  • 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:
  •   第十七条 国家建立传染病监测制度。
  • (1) to carry out the programs, plans and schemes for prevention and control of infectious diseases;
  • 国务院卫生行政部门制定国家传染病监测规划和方案。省、自治区、直辖市人民政府卫生行政部门根据国家传染病监测规划和方案,制定本行政区域的传染病监测计划和工作方案。
  • 各级疾病预防控制机构对传染病的发生、流行以及影响其发生、流行的因素,进行监测;对国外发生、国内尚未发生的传染病或者国内新发生的传染病,进行监测。
  • (2) to collect, analyse and report monitored information about infectious diseases and to forecast the outbreak and epidemic trend of infectious diseases;
  •   第十八条 各级疾病预防控制机构在传染病预防控制中履行下列职责:
  • (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;
  • (一)实施传染病预防控制规划、计划和方案;
  • (4) to conduct laboratory testing of infectious diseases and to make diagnosis and etiological appraisal;
  • (二)收集、分析和报告传染病监测信息,预测传染病的发生、流行趋势;
  • (5) to carry out immunization programs and to be responsible for control of the use of preventive biological products;
  • (三)开展对传染病疫情和突发公共卫生事件的流行病学调查、现场处理及其效果评价;
  • (6) to conduct education and provide consultancy on health and to disseminate knowledge about prevention and treatment of infectious diseases;
  • (四)开展传染病实验室检测、诊断、病原学鉴定;
  • (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;
  • (五)实施免疫规划,负责预防性生物制品的使用管理;
  • (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.
  • (六)开展健康教育、咨询,普及传染病防治知识;
  • 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.
  • (七)指导、培训下级疾病预防控制机构及其工作人员开展传染病监测工作;
  • 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.
  • (八)开展传染病防治应用性研究和卫生评价,提供技术咨询。
  • 国家、省级疾病预防控制机构负责对传染病发生、流行以及分布进行监测,对重大传染病流行趋势进行预测,提出预防控制对策,参与并指导对暴发的疫情进行调查处理,开展传染病病原学鉴定,建立检测质量控制体系,开展应用性研究和卫生评价。
  • 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.
  • 设区的市和县级疾病预防控制机构负责传染病预防控制规划、方案的落实,组织实施免疫、消毒、控制病媒生物的危害,普及传染病防治知识,负责本地区疫情和突发公共卫生事件监测、报告,开展流行病学调查和常见病原微生物检测。
  • A preliminary plan for prevention and control of infectious diseases shall include the following main points:
  •   第十九条 国家建立传染病预警制度。
  • (1) composition of the headquarters for prevention and control of infectious diseases, and the duties of relevant departments;
  • 国务院卫生行政部门和省、自治区、直辖市人民政府根据传染病发生、流行趋势的预测,及时发出传染病预警,根据情况予以公布。
  • (2) systems of monitoring, collecting of information about, analyzing, reporting and circulating of a notice of infectious diseases;
  •   第二十条 县级以上地方人民政府应当制定传染病预防、控制预案,报上一级人民政府备案。
  • 传染病预防、控制预案应当包括以下主要内容:
  • (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;
  • (一)传染病预防控制指挥部的组成和相关部门的职责;
  • (4) classification of the outbreak and prevalence of infectious diseases and the necessary emergency work plan; and
  • (二)传染病的监测、信息收集、分析、报告、通报制度;
  • (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.
  • (三)疾病预防控制机构、医疗机构在发生传染病疫情时的任务与职责;
  • 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.
  • (四)传染病暴发、流行情况的分级以及相应的应急工作方案;
  • 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.
  • (五)传染病预防、疫点疫区现场控制,应急设施、设备、救治药品和医疗器械以及其他物资和技术的储备与调用。
  • 地方人民政府和疾病预防控制机构接到国务院卫生行政部门或者省、自治区、直辖市人民政府发出的传染病预警后,应当按照传染病预防、控制预案,采取相应的预防、控制措施。
  • 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.
  •   第二十一条 医疗机构必须严格执行国务院卫生行政部门规定的管理制度、操作规范,防止传染病的医源性感染和医院感染。
  • 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.
  • 医疗机构应当确定专门的部门或者人员,承担传染病疫情报告、本单位的传染病预防、控制以及责任区域内的传染病预防工作;承担医疗活动中与医院感染有关的危险因素监测、安全防护、消毒、隔离和医疗废物处置工作。
  • 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.
  • 疾病预防控制机构应当指定专门人员负责对医疗机构内传染病预防工作进行指导、考核,开展流行病学调查。
  • 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.
  •   第二十二条 疾病预防控制机构、医疗机构的实验室和从事病原微生物实验的单位,应当符合国家规定的条件和技术标准,建立严格的监督管理制度,对传染病病原体样本按照规定的措施实行严格监督管理,严防传染病病原体的实验室感染和病原微生物的扩散。
  • 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.
  •   第二十三条 采供血机构、生物制品生产单位必须严格执行国家有关规定,保证血液、血液制品的质量。禁止非法采集血液或者组织他人出卖血液。
  • 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.
  • 疾病预防控制机构、医疗机构使用血液和血液制品,必须遵守国家有关规定,防止因输入血液、使用血液制品引起经血液传播疾病的发生。
  • Article 26 The State establishes the storage of bacterial and virus strains of infectious diseases.
  •   第二十四条 各级人民政府应当加强艾滋病的防治工作,采取预防、控制措施,防止艾滋病的传播。具体办法由国务院制定。
  • 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.
  •   第二十五条 县级以上人民政府农业、林业行政部门以及其他有关部门,依据各自的职责负责与人畜共患传染病有关的动物传染病的防治管理工作。
  • 与人畜共患传染病有关的野生动物、家畜家禽,经检疫合格后,方可出售、运输。
  • 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.
  •   第二十六条 国家建立传染病菌种、毒种库。
  • 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.
  • 对传染病菌种、毒种和传染病检测样本的采集、保藏、携带、运输和使用实行分类管理,建立健全严格的管理制度。
  • 对可能导致甲类传染病传播的以及国务院卫生行政部门规定的菌种、毒种和传染病检测样本,确需采集、保藏、携带、运输和使用的,须经省级以上人民政府卫生行政部门批准。具体办法由国务院制定。
  • 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.
  •   第二十七条 对被传染病病原体污染的污水、污物、场所和物品,有关单位和个人必须在疾病预防控制机构的指导下或者按照其提出的卫生要求,进行严格消毒处理;拒绝消毒处理的,由当地卫生行政部门或者疾病预防控制机构进行强制消毒处理。
  • 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.
  •   第二十八条 在国家确认的自然疫源地计划兴建水利、交通、旅游、能源等大型建设项目的,应当事先由省级以上疾病预防控制机构对施工环境进行卫生调查。建设单位应当根据疾病预防控制机构的意见,采取必要的传染病预防、控制措施。施工期间,建设单位应当设专人负责工地上的卫生防疫工作。工程竣工后,疾病预防控制机构应当对可能发生的传染病进行监测。
  • Chapter III Reporting on, Releasing Information on and Announcing the Epidemic Situation
  •   第二十九条 用于传染病防治的消毒产品、饮用水供水单位供应的饮用水和涉及饮用水卫生安全的产品,应当符合国家卫生标准和卫生规范。
  • 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.
  • 饮用水供水单位从事生产或者供应活动,应当依法取得卫生许可证。
  • 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.
  • 生产用于传染病防治的消毒产品的单位和生产用于传染病防治的消毒产品,应当经省级以上人民政府卫生行政部门审批。具体办法由国务院制定。
  • 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.
  • 第三章 疫情报告、通报和公布

  • 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.
  •   第三十条 疾病预防控制机构、医疗机构和采供血机构及其执行职务的人员发现本法规定的传染病疫情或者发现其他传染病暴发、流行以及突发原因不明的传染病时,应当遵循疫情报告属地管理原则,按照国务院规定的或者国务院卫生行政部门规定的内容、程序、方式和时限报告。
  • 军队医疗机构向社会公众提供医疗服务,发现前款规定的传染病疫情时,应当按照国务院卫生行政部门的规定报告。
  • 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.
  •   第三十一条 任何单位和个人发现传染病病人或者疑似传染病病人时,应当及时向附近的疾病预防控制机构或者医疗机构报告。
  • 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.
  •   第三十二条 港口、机场、铁路疾病预防控制机构以及国境卫生检疫机关发现甲类传染病病人、病原携带者、疑似传染病病人时,应当按照国家有关规定立即向国境口岸所在地的疾病预防控制机构或者所在地县级以上地方人民政府卫生行政部门报告并互相通报。
  • 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.
  •   第三十三条 疾病预防控制机构应当主动收集、分析、调查、核实传染病疫情信息。接到甲类、乙类传染病疫情报告或者发现传染病暴发、流行时,应当立即报告当地卫生行政部门,由当地卫生行政部门立即报告当地人民政府,同时报告上级卫生行政部门和国务院卫生行政部门。
  • 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.
  • 疾病预防控制机构应当设立或者指定专门的部门、人员负责传染病疫情信息管理工作,及时对疫情报告进行核实、分析。
  • 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.
  •   第三十四条 县级以上地方人民政府卫生行政部门应当及时向本行政区域内的疾病预防控制机构和医疗机构通报传染病疫情以及监测、预警的相关信息。接到通报的疾病预防控制机构和医疗机构应当及时告知本单位的有关人员。
  • 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.
  •   第三十五条 国务院卫生行政部门应当及时向国务院其他有关部门和各省、自治区、直辖市人民政府卫生行政部门通报全国传染病疫情以及监测、预警的相关信息。
  • 毗邻的以及相关的地方人民政府卫生行政部门,应当及时互相通报本行政区域的传染病疫情以及监测、预警的相关信息。
  • 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.
  • 县级以上人民政府有关部门发现传染病疫情时,应当及时向同级人民政府卫生行政部门通报。
  • 中国人民解放军卫生主管部门发现传染病疫情时,应当向国务院卫生行政部门通报。
  • 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.
  •   第三十六条 动物防疫机构和疾病预防控制机构,应当及时互相通报动物间和人间发生的人畜共患传染病疫情以及相关信息。
  • 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.
  •   第三十七条 依照本法的规定负有传染病疫情报告职责的人民政府有关部门、疾病预防控制机构、医疗机构、采供血机构及其工作人员,不得隐瞒、谎报、缓报传染病疫情。
  • Chapter IV Control of the Epidemic Situation
  •   第三十八条 国家建立传染病疫情信息公布制度。
  • 国务院卫生行政部门定期公布全国传染病疫情信息。省、自治区、直辖市人民政府卫生行政部门定期公布本行政区域的传染病疫情信息。
  • Article 39 When finding an infectious disease under Class A, the medical agency shall immediately take the following measures:
  • 传染病暴发、流行时,国务院卫生行政部门负责向社会公布传染病疫情信息,并可以授权省、自治区、直辖市人民政府卫生行政部门向社会公布本行政区域的传染病疫情信息。
  • 公布传染病疫情信息应当及时、准确。
  • (1) to isolate the patients and pathogen carriers for treatment, and to determine the period of isolation according to the results of medical examination;
  • 第四章 疫情控制

  • (2) to treat suspected patients individually in isolation at designated places until a definite diagnosis is made; and
  •   第三十九条 医疗机构发现甲类传染病时,应当及时采取下列措施:
  • (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.
  • (一)对病人、病原携带者,予以隔离治疗,隔离期限根据医学检查结果确定;
  • 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.
  • (二)对疑似病人,确诊前在指定场所单独隔离治疗;
  • 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:
  • (三)对医疗机构内的病人、病原携带者、疑似病人的密切接触者,在指定场所进行医学观察和采取其他必要的预防措施。
  • 拒绝隔离治疗或者隔离期未满擅自脱离隔离治疗的,可以由公安机关协助医疗机构采取强制隔离治疗措施。
  • (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;
  • 医疗机构发现乙类或者丙类传染病病人,应当根据病情采取必要的治疗和控制传播措施。
  • 医疗机构对本单位内被传染病病原体污染的场所、物品以及医疗废物,必须依照法律、法规的规定实施消毒和无害化处置。
  • (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
  •   第四十条 疾病预防控制机构发现传染病疫情或者接到传染病疫情报告时,应当及时采取下列措施:
  • (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.
  • (一)对传染病疫情进行流行病学调查,根据调查情况提出划定疫点、疫区的建议,对被污染的场所进行卫生处理,对密切接触者,在指定场所进行医学观察和采取其他必要的预防措施,并向卫生行政部门提出疫情控制方案;
  • 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.
  • (二)传染病暴发、流行时,对疫点、疫区进行卫生处理,向卫生行政部门提出疫情控制方案,并按照卫生行政部门的要求采取措施;
  • Withdrawal of isolation measures shall be subject to decision and announcement by the organ that originally makes the decision to take the measures.
  • (三)指导下级疾病预防控制机构实施传染病预防、控制措施,组织、指导有关单位对传染病疫情的处理。
  • 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:
  •   第四十一条 对已经发生甲类传染病病例的场所或者该场所内的特定区域的人员,所在地的县级以上地方人民政府可以实施隔离措施,并同时向上一级人民政府报告;接到报告的上级人民政府应当即时作出是否批准的决定。上级人民政府作出不予批准决定的,实施隔离措施的人民政府应当立即解除隔离措施。
  • (1) restricting or suspending fairs, cinema shows, theatrical performances and other types of mass gathering;
  • 在隔离期间,实施隔离措施的人民政府应当对被隔离人员提供生活保障;被隔离人员有工作单位的,所在单位不得停止支付其隔离期间的工作报酬。
  • 隔离措施的解除,由原决定机关决定并宣布。
  • (2) suspension of work, business and school classes;
  •   第四十二条 传染病暴发、流行时,县级以上地方人民政府应当立即组织力量,按照预防、控制预案进行防治,切断传染病的传播途径,必要时,报经上一级人民政府决定,可以采取下列紧急措施并予以公告:
  • (3) closing or sealing off public drinking water sources, foodstuffs and relevant objects contaminated with the pathogens of infectious diseases;
  • (一)限制或者停止集市、影剧院演出或者其他人群聚集的活动;
  • (4) controlling or wiping out wild animals, domestic animals and fowls infected with epidemics; and
  • (二)停工、停业、停课;
  • (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.
  • (三)封闭或者封存被传染病病原体污染的公共饮用水源、食品以及相关物品;
  • Withdrawal of the emergency measures shall be subject to decision and announcement by the organ that originally makes the decision to take the measures.
  • (四)控制或者扑杀染疫野生动物、家畜家禽;
  • 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.
  • (五)封闭可能造成传染病扩散的场所。
  • Termination of the blockade of an epidemic area shall be subject to
  • 上级人民政府接到下级人民政府关于采取前款所列紧急措施的报告时,应当即时作出决定。
  • decision and announcement by the organ that originally makes the decision.
  • 紧急措施的解除,由原决定机关决定并宣布。
  • 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.
  •   第四十三条 甲类、乙类传染病暴发、流行时,县级以上地方人民政府报经上一级人民政府决定,可以宣布本行政区域部分或者全部为疫区;国务院可以决定并宣布跨省、自治区、直辖市的疫区。县级以上地方人民政府可以在疫区内采取本法第四十二条规定的紧急措施,并可以对出入疫区的人员、物资和交通工具实施卫生检疫。
  • 省、自治区、直辖市人民政府可以决定对本行政区域内的甲类传染病疫区实施封锁;但是,封锁大、中城市的疫区或者封锁跨省、自治区、直辖市的疫区,以及封锁疫区导致中断干线交通或者封锁国境的,由国务院决定。
  • 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.
  • 疫区封锁的解除,由原决定机关决定并宣布。
  • 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.
  •   第四十四条 发生甲类传染病时,为了防止该传染病通过交通工具及其乘运的人员、物资传播,可以实施交通卫生检疫。具体办法由国务院制定。
  • 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.
  •   第四十五条 传染病暴发、流行时,根据传染病疫情控制的需要,国务院有权在全国范围或者跨省、自治区、直辖市范围内,县级以上地方人民政府有权在本行政区域内紧急调集人员或者调用储备物资,临时征用房屋、交通工具以及相关设施、设备。
  • 紧急调集人员的,应当按照规定给予合理报酬。临时征用房屋、交通工具以及相关设施、设备的,应当依法给予补偿;能返还的,应当及时返还。
  • 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.
  •   第四十六条 患甲类传染病、炭疽死亡的,应当将尸体立即进行卫生处理,就近火化。患其他传染病死亡的,必要时,应当将尸体进行卫生处理后火化或者按照规定深埋。
  • 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.
  • 为了查找传染病病因,医疗机构在必要时可以按照国务院卫生行政部门的规定,对传染病病人尸体或者疑似传染病病人尸体进行解剖查验,并应当告知死者家属。
  • 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.
  •   第四十七条 疫区中被传染病病原体污染或者可能被传染病病原体污染的物品,经消毒可以使用的,应当在当地疾病预防控制机构的指导下,进行消毒处理后,方可使用、出售和运输。
  • Chapter V Medical Treatment
  •   第四十八条 发生传染病疫情时,疾病预防控制机构和省级以上人民政府卫生行政部门指派的其他与传染病有关的专业技术机构,可以进入传染病疫点、疫区进行调查、采集样本、技术分析和检验。
  • 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.
  •   第四十九条 传染病暴发、流行时,药品和医疗器械生产、供应单位应当及时生产、供应防治传染病的药品和医疗器械。铁路、交通、民用航空经营单位必须优先运送处理传染病疫情的人员以及防治传染病的药品和医疗器械。县级以上人民政府有关部门应当做好组织协调工作。
  • 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.
  • 第五章 医疗救治

  • 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.
  •   第五十条 县级以上人民政府应当加强和完善传染病医疗救治服务网络的建设,指定具备传染病救治条件和能力的医疗机构承担传染病救治任务,或者根据传染病救治需要设置传染病医院。
  • 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.
  •   第五十一条 医疗机构的基本标准、建筑设计和服务流程,应当符合预防传染病医院感染的要求。
  • 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.
  • 医疗机构应当按照规定对使用的医疗器械进行消毒;对按照规定一次使用的医疗器具,应当在使用后予以销毁。
  • 医疗机构应当按照国务院卫生行政部门规定的传染病诊断标准和治疗要求,采取相应措施,提高传染病医疗救治能力。
  • Chapter VI Supervision and Control
  •   第五十二条 医疗机构应当对传染病病人或者疑似传染病病人提供医疗救护、现场救援和接诊治疗,书写病历记录以及其他有关资料,并妥善保管。
  • 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:
  • 医疗机构应当实行传染病预检、分诊制度;对传染病病人、疑似传染病病人,应当引导至相对隔离的分诊点进行初诊。医疗机构不具备相应救治能力的,应当将患者及其病历记录复印件一并转至具备相应救治能力的医疗机构。具体办法由国务院卫生行政部门规定。
  • (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;
  • 第六章 监督管理

  • (2) to supervise and inspect the work of preventing and treating infectious diseases done by the disease prevention and control institutions and medical agencies;
  •   第五十三条 县级以上人民政府卫生行政部门对传染病防治工作履行下列监督检查职责:
  • (3) to supervise and inspect the collection and supply of blood done by blood collectors and suppliers;
  • (一)对下级人民政府卫生行政部门履行本法规定的传染病防治职责进行监督检查;
  • (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;
  • (二)对疾病预防控制机构、医疗机构的传染病防治工作进行监督检查;
  • (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
  • (三)对采供血机构的采供血活动进行监督检查;
  • (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.
  • (四)对用于传染病防治的消毒产品及其生产单位进行监督检查,并对饮用水供水单位从事生产或者供应活动以及涉及饮用水卫生安全的产品进行监督检查;
  • 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.
  • (五)对传染病菌种、毒种和传染病检测样本的采集、保藏、携带、运输、使用进行监督检查;
  • 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.
  • (六)对公共场所和有关单位的卫生条件和传染病预防、控制措施进行监督检查。
  • 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.
  • 省级以上人民政府卫生行政部门负责组织对传染病防治重大事项的处理。
  • 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.
  •   第五十四条 县级以上人民政府卫生行政部门在履行监督检查职责时,有权进入被检查单位和传染病疫情发生现场调查取证,查阅或者复制有关的资料和采集样本。被检查单位应当予以配合,不得拒绝、阻挠。
  • 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.
  •   第五十五条 县级以上地方人民政府卫生行政部门在履行监督检查职责时,发现被传染病病原体污染的公共饮用水源、食品以及相关物品,如不及时采取控制措施可能导致传染病传播、流行的,可以采取封闭公共饮用水源、封存食品以及相关物品或者暂停销售的临时控制措施,并予以检验或者进行消毒。经检验,属于被污染的食品,应当予以销毁;对未被污染的食品或者经消毒后可以使用的物品,应当解除控制措施。
  • 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.
  •   第五十六条 卫生行政部门工作人员依法执行职务时,应当不少于两人,并出示执法证件,填写卫生执法文书。
  • 卫生执法文书经核对无误后,应当由卫生执法人员和当事人签名。当事人拒绝签名的,卫生执法人员应当注明情况。
  • 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.
  •   第五十七条 卫生行政部门应当依法建立健全内部监督制度,对其工作人员依据法定职权和程序履行职责的情况进行监督。
  • Chapter VII Guarantee Measures
  • 上级卫生行政部门发现下级卫生行政部门不及时处理职责范围内的事项或者不履行职责的,应当责令纠正或者直接予以处理。
  • 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.
  •   第五十八条 卫生行政部门及其工作人员履行职责,应当自觉接受社会和公民的监督。单位和个人有权向上级人民政府及其卫生行政部门举报违反本法的行为。接到举报的有关人民政府或者其卫生行政部门,应当及时调查处理。
  • 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.
  • 第七章 保障措施

  • 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.
  •   第五十九条 国家将传染病防治工作纳入国民经济和社会发展计划,县级以上地方人民政府将传染病防治工作纳入本行政区域的国民经济和社会发展计划。
  • 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.
  •   第六十条 县级以上地方人民政府按照本级政府职责负责本行政区域内传染病预防、控制、监督工作的日常经费。
  • 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.
  • 国务院卫生行政部门会同国务院有关部门,根据传染病流行趋势,确定全国传染病预防、控制、救治、监测、预测、预警、监督检查等项目。中央财政对困难地区实施重大传染病防治项目给予补助。
  • 省、自治区、直辖市人民政府根据本行政区域内传染病流行趋势,在国务院卫生行政部门确定的项目范围内,确定传染病预防、控制、监督等项目,并保障项目的实施经费。
  • 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.
  •   第六十一条 国家加强基层传染病防治体系建设,扶持贫困地区和少数民族地区的传染病防治工作。
  • 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.
  • 地方各级人民政府应当保障城市社区、农村基层传染病预防工作的经费。
  • 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.
  •   第六十二条 国家对患有特定传染病的困难人群实行医疗救助,减免医疗费用。具体办法由国务院卫生行政部门会同国务院财政部门等部门制定。
  • Chapter VIII Legal Responsibility
  •   第六十三条 县级以上人民政府负责储备防治传染病的药品、医疗器械和其他物资,以备调用。
  • 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.
  •   第六十四条 对从事传染病预防、医疗、科研、教学、现场处理疫情的人员,以及在生产、工作中接触传染病病原体的其他人员,有关单位应当按照国家规定,采取有效的卫生防护措施和医疗保健措施,并给予适当的津贴。
  • 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:
  • 第八章 法律责任

  • (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;
  •   第六十五条 地方各级人民政府未依照本法的规定履行报告职责,或者隐瞒、谎报、缓报传染病疫情,或者在传染病暴发、流行时,未及时组织救治、采取控制措施的,由上级人民政府责令改正,通报批评;造成传染病传播、流行或者其他严重后果的,对负有责任的主管人员,依法给予行政处分;构成犯罪的,依法追究刑事责任。
  • (2) when an infectious disease breaks out or is likely to spread, failing immediately to take preventive and control measures;
  •   第六十六条 县级以上人民政府卫生行政部门违反本法规定,有下列情形之一的,由本级人民政府、上级人民政府卫生行政部门责令改正,通报批评;造成传染病传播、流行或者其他严重后果的,对负有责任的主管人员和其他直接责任人员,依法给予行政处分;构成犯罪的,依法追究刑事责任:
  • (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;
  • (一)未依法履行传染病疫情通报、报告或者公布职责,或者隐瞒、谎报、缓报传染病疫情的;
  • (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
  • (二)发生或者可能发生传染病传播时未及时采取预防、控制措施的;
  • (5) violations of this Law such as negligence of dereliction of duty.
  • (三)未依法履行监督检查职责,或者发现违法行为不及时查处的;
  • 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.
  • (四)未及时调查、处理单位和个人对下级卫生行政部门不履行传染病防治职责的举报的;
  • 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:
  • (五)违反本法的其他失职、渎职行为。
  • (1) failing to perform their duty of monitoring infectious diseases according to law;
  •   第六十七条 县级以上人民政府有关部门未依照本法的规定履行传染病防治和保障职责的,由本级人民政府或者上级人民政府有关部门责令改正,通报批评;造成传染病传播、流行或者其他严重后果的,对负有责任的主管人员和其他直接责任人员,依法给予行政处分;构成犯罪的,依法追究刑事责任。
  • (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;
  •   第六十八条 疾病预防控制机构违反本法规定,有下列情形之一的,由县级以上人民政府卫生行政部门责令限期改正,通报批评,给予警告;对负有责任的主管人员和其他直接责任人员,依法给予降级、撤职、开除的处分,并可以依法吊销有关责任人员的执业证书;构成犯罪的,依法追究刑事责任:
  • (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;
  • (一)未依法履行传染病监测职责的;
  • (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
  • (二)未依法履行传染病疫情报告、通报职责,或者隐瞒、谎报、缓报传染病疫情的;
  • (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.
  • (三)未主动收集传染病疫情信息,或者对传染病疫情信息和疫情报告未及时进行分析、调查、核实的;
  • 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:
  • (四)发现传染病疫情时,未依据职责及时采取本法规定的措施的;
  • (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;
  • (五)故意泄露传染病病人、病原携带者、疑似传染病病人、密切接触者涉及个人隐私的有关信息、资料的。
  • (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;
  •   第六十九条 医疗机构违反本法规定,有下列情形之一的,由县级以上人民政府卫生行政部门责令改正,通报批评,给予警告;造成传染病传播、流行或者其他严重后果的,对负有责任的主管人员和其他直接责任人员,依法给予降级、撤职、开除的处分,并可以依法吊销有关责任人员的执业证书;构成犯罪的,依法追究刑事责任:
  • (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;
  • (一)未按照规定承担本单位的传染病预防、控制工作、医院感染控制任务和责任区域内的传染病预防工作的;
  • (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;
  • (二)未按照规定报告传染病疫情,或者隐瞒、谎报、缓报传染病疫情的;
  • (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;
  • (三)发现传染病疫情时,未按照规定对传染病病人、疑似传染病病人提供医疗救护、现场救援、接诊、转诊的,或者拒绝接受转诊的;
  • (6) in the course of medical treatment, failing to preserve medical records and materials in accordance with relevant regulations; and
  • (四)未按照规定对本单位内被传染病病原体污染的场所、物品以及医疗废物实施消毒或者无害化处置的;
  • (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.
  • (五)未按照规定对医疗器械进行消毒,或者对按照规定一次使用的医疗器具未予销毁,再次使用的;
  • 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.
  • (六)在医疗救治过程中未按照规定保管医学记录资料的;
  • 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.
  • (七)故意泄露传染病病人、病原携带者、疑似传染病病人、密切接触者涉及个人隐私的有关信息、资料的。
  • 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.
  •   第七十条 采供血机构未按照规定报告传染病疫情,或者隐瞒、谎报、缓报传染病疫情,或者未执行国家有关规定,导致因输入血液引起经血液传播疾病发生的,由县级以上人民政府卫生行政部门责令改正,通报批评,给予警告;造成传染病传播、流行或者其他严重后果的,对负有责任的主管人员和其他直接责任人员,依法给予降级、撤职、开除的处分,并可以依法吊销采供血机构的执业许可证;构成犯罪的,依法追究刑事责任。
  • 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.
  • 非法采集血液或者组织他人出卖血液的,由县级以上人民政府卫生行政部门予以取缔,没收违法所得,可以并处十万元以下的罚款;构成犯罪的,依法追究刑事责任。
  • 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:
  •   第七十一条 国境卫生检疫机关、动物防疫机构未依法履行传染病疫情通报职责的,由有关部门在各自职责范围内责令改正,通报批评;造成传染病传播、流行或者其他严重后果的,对负有责任的主管人员和其他直接责任人员,依法给予降级、撤职、开除的处分;构成犯罪的,依法追究刑事责任。
  • (1) for a drinking water supplier, failing to keep the drinking water supplied in conformity with the sanitary standards and norms of the State;
  •   第七十二条 铁路、交通、民用航空经营单位未依照本法的规定优先运送处理传染病疫情的人员以及防治传染病的药品和医疗器械的,由有关部门责令限期改正,给予警告;造成严重后果的,对负有责任的主管人员和其他直接责任人员,依法给予降级、撤职、开除的处分。
  • (2) failing to keep the products relating to sanitary safety of drinking water in conformity with the sanitary standards and norms of the State;
  •   第七十三条 违反本法规定,有下列情形之一,导致或者可能导致传染病传播、流行的,由县级以上人民政府卫生行政部门责令限期改正,没收违法所得,可以并处五万元以下的罚款;已取得许可证的,原发证部门可以依法暂扣或者吊销许可证;构成犯罪的,依法追究刑事责任:
  • (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;
  • (一)饮用水供水单位供应的饮用水不符合国家卫生标准和卫生规范的;
  • (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
  • (二)涉及饮用水卫生安全的产品不符合国家卫生标准和卫生规范的;
  • (5) for a manufacture of biological products, failing to keep the blood products manufactured in conformity with the quality standards of the State.
  • (三)用于传染病防治的消毒产品不符合国家卫生标准和卫生规范的;
  • 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:
  • (四)出售、运输疫区中被传染病病原体污染或者可能被传染病病原体污染的物品,未进行消毒处理的;
  • (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;
  • (五)生物制品生产单位生产的血液制品不符合国家质量标准的。
  • (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
  •   第七十四条 违反本法规定,有下列情形之一的,由县级以上地方人民政府卫生行政部门责令改正,通报批评,给予警告,已取得许可证的,可以依法暂扣或者吊销许可证;造成传染病传播、流行以及其他严重后果的,对负有责任的主管人员和其他直接责任人员,依法给予降级、撤职、开除的处分,并可以依法吊销有关责任人员的执业证书;构成犯罪的,依法追究刑事责任:
  • (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.
  • (一)疾病预防控制机构、医疗机构和从事病原微生物实验的单位,不符合国家规定的条件和技术标准,对传染病病原体样本未按照规定进行严格管理,造成实验室感染和病原微生物扩散的;
  • 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.
  • (二)违反国家有关规定,采集、保藏、携带、运输和使用传染病菌种、毒种和传染病检测样本的;
  • 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.
  • (三)疾病预防控制机构、医疗机构未执行国家有关规定,导致因输入血液、使用血液制品引起经血液传播疾病发生的。
  • 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.
  •   第七十五条 未经检疫出售、运输与人畜共患传染病有关的野生动物、家畜家禽的,由县级以上地方人民政府畜牧兽医行政部门责令停止违法行为,并依法给予行政处罚。
  • Chapter IX Supplementary Provisions
  •   第七十六条 在国家确认的自然疫源地兴建水利、交通、旅游、能源等大型建设项目,未经卫生调查进行施工的,或者未按照疾病预防控制机构的意见采取必要的传染病预防、控制措施的,由县级以上人民政府卫生行政部门责令限期改正,给予警告,处五千元以上三万元以下的罚款;逾期不改正的,处三万元以上十万元以下的罚款,并可以提请有关人民政府依据职责权限,责令停建、关闭。
  • Article 78 The meanings of the following terms used in this Law are:
  •   第七十七条 单位和个人违反本法规定,导致传染病传播、流行,给他人人身、财产造成损害的,应当依法承担民事责任。
  • (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.
  • 第九章 附则

  • (2) Pathogen carriers are persons who, infected with the pathogens of infectious diseases, have no clinical symptoms but can discharge pathogens.
  •   第七十八条 本法中下列用语的含义:
  • (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.
  • (一)传染病病人、疑似传染病病人:指根据国务院卫生行政部门发布的《中华人民共和国传染病防治法规定管理的传染病诊断标准》,符合传染病病人和疑似传染病病人诊断标准的人。
  • (4) Epidemic-stricken spots refer to smaller areas within which pathogens spread from the source of infection or to a single focus of infection.
  • (二)病原携带者:指感染病原体无临床症状但能排出病原体的人。
  • (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.
  • (三)流行病学调查:指对人群中疾病或者健康状况的分布及其决定因素进行调查研究,提出疾病预防控制措施及保健对策。
  • (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.
  • (四)疫点:指病原体从传染源向周围播散的范围较小或者单个疫源地。
  • (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.
  • (五)疫区:指传染病在人群中暴发、流行,其病原体向周围播散时所能波及的地区。
  • (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.
  • (六)人畜共患传染病:指人与脊椎动物共同罹患的传染病,如鼠疫、狂犬病、血吸虫病等。
  • (9) Iatrogenic infection refers to infection caused by the transmission of pathogens in the process of medical services.
  • (七)自然疫源地:指某些可引起人类传染病的病原体在自然界的野生动物中长期存在和循环的地区。
  • (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.
  • (八)病媒生物:指能够将病原体从人或者其他动物传播给人的生物,如蚊、蝇、蚤类等。
  • (11) Laboratory infection refers to infection caused through contact with pathogens when working laboratories.
  • (九)医源性感染:指在医学服务中,因病原体传播引起的感染。
  • (12) Bacterial and virus strains refer to bacterial and virus strains which may cause the outbreak of the infectious diseases specified in this Law.
  • (十)医院感染:指住院病人在医院内获得的感染,包括在住院期间发生的感染和在医院内获得出院后发生的感染,但不包括入院前已开始或者入院时已处于潜伏期的感染。医院工作人员在医院内获得的感染也属医院感染。
  • (13) Disinfection refers to the killing and elimination of pathogen microorganisms in the environment by chemical, physical or biological methods.
  • (十一)实验室感染:指从事实验室工作时,因接触病原体所致的感染。
  • (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.
  • (十二)菌种、毒种:指可能引起本法规定的传染病发生的细菌菌种、病毒毒种。
  • (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.
  • (十三)消毒:指用化学、物理、生物的方法杀灭或者消除环境中的病原微生物。
  • 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.
  • (十四)疾病预防控制机构:指从事疾病预防控制活动的疾病预防控制中心以及与上述机构业务活动相同的单位。
  • Article 80 This Law shall go into effect as of December 1, 2004.

  • (十五)医疗机构:指按照《医疗机构管理条例》取得医疗机构执业许可证,从事疾病诊断、治疗活动的机构。
  •   第七十九条 传染病防治中有关食品、药品、血液、水、医疗废物和病原微生物的管理以及动物防疫和国境卫生检疫,本法未规定的,分别适用其他有关法律、行政法规的规定。
  •   第八十条 本法自2004年12月1日起施行。
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