Law of the peoples Republic of China on Prevention and Treatment of Infections Diseases 中华人民共和国传染病防治
2009-03-24 法律英语 来源:互联网 作者: ℃Article 45 When and 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 a
t or above the county 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.
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.
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 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 corpse 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.
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.
Article 48 When the epidemic situation of and infectious disease occurs, the disease prevention and control institution 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 ma enter the epidemic spots or areas of infectious diseases t make investigation, collect samples and make technical analysis and examination.
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.
Chapter Ⅴ
Medical Treatment
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.
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.
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 ht 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.
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.
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.
Supervision and Control
Article 53Health 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:
(1)t 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;
(2)t supervise and inspect the work of preventing and treating infectious diseases done by the disease prevention and control institutions and medical agencies;
(3)to supervise and inspect the collection and supply of blood done by blood collectors and suppliers;
(4)to supervise and inspect disinfectant products used for prevention and treatment of infectious diseases as well as the manufacturers of such products, and supervise and inspect the production or supply engaged in by drinking water suppliers as well as the products related to sanitary safety of drinking water;
(5)to supervise and inspect the collection, preservation, carrying transportation and use of bacterial and virus strains of infectious diseases as well as the samples of infectious diseases for testing; and
(6)to supervise and inspect the sanitary conditions of public places and the units concerned as well ad the measures for preventing and controlling infectious diseases.
Health administration departments under the people's governments at or above the provincial level shall take charge of arranging for the handing of important matters regarding prevention and treatment of infectious diseases.
Article 54 When performing their duties of supervision and inspection, health administration departments under the people's governments at or above the county level shall have the right to enter the units subjected to inspection and the places where the epidemic situation of infectious diseases occurs to make investigation and collect evidence, consult or duplicate relevant materials and collect samples. The said units shall cooperate with them and shall not refuse to so or create obstacles.
Article 55 Where, when performing their duties of supervision and examination, health administration departments under the local people's governments at or above the county level find that public drinking water sources, foodstuffs and relevant objects are contaminated with the pathogens of infectious diseases, which, if no timely control measures are taken, may lead to the spread and prevalence of infectious disease, they may take temporary control measures of closing the public drinking water sources, sealing off the foodstuffs and relevant objects or suspending their sale, and have them tested or disinfected. Foodstuffs which testing proves to be contaminated shall be destroyed; and for foodstuffs which are not contaminated or objects which can be used after disinfection, the control measures shall be wi
thdrawn.
Article 56 When staff members of health administration department perform their duties according to law, there shall not be less than two of them, and they shall show their law-enforcement certificates and fill out sanitation law-enforcement document.
After the sanitation law-enforcement document is verified, the sanitation law-enforcement persons and the parties concerned shall sign their names, the sanitation law-enforcement persons shall make a note of it.
Article 57 Health administration departments shall, according to law, establish a sound system for internal supervision to supervise the performance of duties by their staff members in accordance with the statutory functions and powers as well as the statutory procedure.
Where the health administration departments at higher levels find that such departments at lower levels fail to handle matters within the scope of their duties in time or fail to t perform their duties, they shall order them to rectify or directly handle the matters.
Article 58 When performing their duties, health administration departments and their staff members shall subject themselves to supervision by the community and citizens. Units and individuals shall hav
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