中华人民共和国传染病防治法 Law of the Peoples Republic of China on the Prevention and Treatment of Infections Dis

tificate by the health administration department of the local government at or above the county level.

　　Chapter VI Legal Liability

　　Article 35 Any unit or individual who， in violation of the provisions of this Law， commits any of the following acts shall be ordered to rectify it or

may be fined by the health administration department of a government at or above the county level； when their is a risk of causing an infectious disease， the health administration department shall report to the government at the same level for the adoption of compulsory measures：

　　（1） failure on the part of a water supply unit to conform to the hygienic standards for drinking water set by the state；

　　（2） Refusal to give disinfection treatment， according to the sanitary requirements proposed by a health and anti-epidemic agency， to sewage， wastes and feces contaminated with the pathogen of infectious diseases；

　　（3） approving or conniving at the taking of jobs by patients of infectious diseases， pathogen carriers or suspected patients of infectious diseases which they are prohibited from doing by the health administration department under the State Council because of the likelihood of causing a spread of infectious diseases； and

　　（4） refusal to execute other preventive and control measures proposed by the health and anti-epidemic agencies according to this Law.

　　Article 36 Any party who refuses to accept a decision on fine may， within 15 days of receiving the notice on the punishment decision， apply to the health administration department at the next higher level for reconsideration； any party who refuses to accept the reconsideration decision may， within 15 days of receiving the notice on the reconsideration decision， bring a lawsuit before a court of law Any party may also， within 15 days of receiving the notice on the punishment decision， directly bring a lawsuit before a court， If a party neither applies for reconsideration nor brings a lawsuit before a court of law nor carries out the punishment decision within the prescribed time， the health administration department that has made the decision on punishment may apply to a court for compulsory execution.

　　Article 37 If a person commits one of the acts specified in Article 35 of this Law and as a result causes the spread or a great risk of the spread of an A Class infectious disease， his criminal responsibility shall be investigated by applying mutatis mutandis the provisions of Article 178 of the Criminal Law of the People's Republic of China.

　　Article 38 Any person engaged in the experimentation， storage， carrying or transportation of bacterial strains and virus strains of infectious diseases who， in violation of the relevant provisions of the health administration department under the State Council， causes a spread of the bacterial strains or virus strains of an infectious disease， with severe consequences， shall be prosecuted in accordance with Article 115 of the Criminal Law； he shall be given an administrative sanction if the circumstances are not so serious.

　　Article 39 Any person engaged in the medical care and health work， epidemic prevention， surveillance and control related to infectious diseases or any relevant responsible person of the government who causes The spread or epidemic of an infectious disease due to his dereliction of duty shall be given an administrative sanction； if the circumstances are serious enough to constitute a crime， he shall be prosecuted in accordance with Article 187 of the Criminal Law.

　　Chapter VII Supplementary Provisions

　　Article 40 The health administration department under the State Council shall， in accordance with this Law， formulate rules for its implementation which shall come into force after being submitted to and approved by the State Council.

　　Article 41 This Law shall come into force as of September 1，1989

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