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: ℃Chapter Ⅶ
Guarantee Measures
Article 59 The State incorporates the work of preventing and treating infectious diseases into the national economic and social development plan and local people's governments at or above the county level incorporate such work into the national economic and social development plan of their own administrative areas.
Article 60 Local people's governments at or above the county level shall, in compliance with their own duties, be responsible for allocating funds for the daily prevention and control of and supervision over infectious diseases within their own administrative areas.
The health administration department under the State Council shall, in conjunction with the relevant departments under the State Council and on the basis of the prevalent trends 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 Governments shall, in light of the prevalent trend of infectious disease within their own administrative areas and within the scope of the items determined by the health administration department under the State Council, determine the items for prevention and control of and supervision over infectious diseases, and guarantee funds for the items.
Article 61 The State strengthens the establishment of the system o prevention and treatment of infectious diseases at the grass-roots level and gives assistance to the poverty-stricken areas and areas inhabited by ethnic peoples in their efforts to prevent and treat infectious diseases.
Local people's governments at all levels shall guarantee funds for prevention and treatment of infectious diseases in urban communities and rural areas at the grass-roots level.
Article 62 In matters of medical treatment, the State gives aid to the groups of people with financial difficulties who suffer form special infectious disease by reducing their medical expenses or exempting them from such expenses. The specific measures in this regard shall be formulated by
the health administration department under the State Council in conjunction with the department of finance and other departments under the State Council.
Article 63 People's governments at or above the county level shall take charge of storing medicines, medical instruments and other materials for prevention and treatment of infectious diseases to keep them ready for distribution.
Article 64 For persons engaged in prevention, medical treatment, scientific research and teaching of infectious diseases as well as on-the spot handling of epidemic situation of infectious diseases and for other persons who are in contact with pathogens of infectious diseases in production and other work, the units concerned shall, in accordance with the relevant regulations of the State, take effective sanitary and protective measures and medical care and health measures, and give them reasonable allowances.
Chapter Ⅷ
Legal Responsibility
Article 65 Where local people's governments at different levels fail to perform their duties of making report in accordance with the provisions of this Law, or conceal the truth about or make a false report on or delay report on the epidemic situation of infectious diseases or, when an infectious disease breaks out and prevails, fail immediately to coordinate efforts in its treatment and to take control measures, the people's governments at the higher level shall order them to rectify and criticize them in a circular; where their failures or mistakes cause the spread and prevalence of the infectious disease or other serious consequences, the persons in charge who should be held responsible shall be given administrative sanctions according to law; and if a crime is constituted criminal responsibility shall be investigated according to law.
Article 66 Where the health administration departments under the people's governments at or above the county level commit any of the following acts in violation of the provisions of this law, the people's governments at the corresponding level or the health administration departments 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 and the other persons who are directly responsible shall be given administrative sanctions according to law; and if a crime is constituted, criminal responsibility shall be investigated according to law:
(1)failing to perform their duties of circulating a notice of, making a report on or announcing the epidemic situation of an infectious disease, as required by law, or concealing the truth about or making a false report on or delaying report on the said situation;
(2)when and infectious disease breaks out or is likely to spread, failing immediately to take preventive and control measures;
(3)failing to perform their duties of supervision and inspection according to law, or failing immediately to investigate and punish violations of law when they find such violations;
(4)failing immediately to investigate and deal with the reports made by units or individual about failures of the health administration departments at lower levels to perform their duties fo prevention and treatment of infectious diseases; and
(5)violations of this Law such as negligence of dereliction of duty.
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 departm
ent 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 of other serous consequences, the persons in charge who should be held responsible and the other persons who are directly responsible shall be given administrative sanctions according to law; and if a crime is constituted, criminal responsibility shall be investigated according to law.
(1)failing to perform their duty of monitoring infectious diseases according to law;
(2)failing to perform their duties of making a report on and circulating a notice about the epidemic situation of and 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;
(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;
(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
(5)purposely divulging information and materials relating to personal privacy of and infectious disease patient, a pathogen carrier, a suspected infectious disease patient, or persons in close contact with such patients.
Article 69 Where medical agencies commit any or the following acts in violation of the provisions of this law, the health administration department under the people's government 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 sequences, the persons in charge who should be held responsible her persons who are directly responsible shall be demoted, dismissed from office, or discharged according to law, and the practicing certificates of he persons concerned who are held responsible may, in addition, be revoked according to law; and if a crème is constituted, criminal responsibility shall be investigated according to law:
(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;
(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 he epidemic situation of an infectious disease;
(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, pr outpatient treatment or to transfer such patients to other hospitals for treatment in ac
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