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: ℃(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;
(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 ;
(6)in the course of medical treatment, failing to preserve medical records and materials in accordance with relevant regulations; and
(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.
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 of 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 eh 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; an if a crime is constituted, criminal responsibility shall be investigated according to law.
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.
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 form office or discharged according to law; and if a crime is constituted, criminal responsibility shall be investigated according to law.
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 an 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 serous 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.
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 department 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:
(1)for a drinking water supplier, failing to keep the drinking water supplied in conformity with the sanitary standards an norms of the State;
(2)failing to keep the products relating to sanitary safety of drinking water in conformity with the sanitary standards and norms of the State;
(3)failing to keep the disinfectant products and for prevention and trea
tment of infectious diseases in conformity with ht sanitary standards and norms of the State;
(4)selling or transporting the objects which are contaminated or are likely contaminated with pathogens of infectious diseases in epidemic areas without having them disinfected; and
(5)for a manufacture of biological products, failing to keep the blood products manufactured in conformity with the quality standards of the State.
Article 74 Any unit that commits one of the following acts in violation of the provisions of this law, the health administration department under the local people's government at or above the county level shall order it to rectify, criticize it in a circular and give it a disciplinary warning; if it has obtained a license, the license may be suspended or revoked; if it has obtained a license, the license may be suspended or revoked according to law; if its act cause the spread and prevalence of and infectious disease or other serious consequences, the persons in charge who should be held responsible an the other persons who are directly responsible shall be demoted, dismissed from office or discharged according to law, and the practicing certificates of the persons concerned who are held responsible may, in addition, be revoked according to law; and if a crime is constituted, criminal responsibility shall be investigated according to law:
(1)for a disease prevention an control institution, medical agency or unit engaged in pathogenic organism experiments, failing to meet the requirements and technical standards prescribed by the State and failing to keep strict control of the samples of infectious disease pathogens in accordance with relevant regulations , thus causing laboratory infection and the spread of pathogenic micro-organisms;
(2)in violation of the relevant regulations of the State, collecting preserving, carrying, transporting and using bacterial and virus strains of infectious diseases as well as the samples of infectious disease for testing; and
(3)for a disease prevention an control institution and medical agency, failing to comply with the relevant regulations of the State, thus leading to the outbreak of blood transmission diseases due to blood transfusion or the use of blood products.
Article 75 where a unit sells or transport wild animals, domestic animals and fowls related to infectious diseases common t 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 t desist from such illegal act, an impose on it an administrative penalty according to law.
Article 76 Where a unit, without sanitary investigation constructs such large projects as water conservancy, communications, tourism and energy projects in an area of a natural focus of infection confirmed by the State or fails to take the necessary measures for prevention and control of infectious diseases in accordance with the proposals of the disease prevention and control institution, the health administration department under the people's government at or above the county level shall order it to rectify within a time limit, give it a disciplinary warning, and impose 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; an if it fails to comply at the expiration of the time limit, the said department shall impose on it a fine of not less than 30,000 Yuan but not more than 100,000 Yuan, and may, in addition, request the people's government concerned, on the strength of its functions and powers, to order discontinuation of construction or close the area.
Article 77 Where a unit or individual violates the provisions of this Law, thus leading to the spread and prevalence of infectious diseases or causing harm or property losses t anot
her person, it/he shall bear civil responsibility according to law.
Chapter Ⅸ
Supplementary Provisions
Article 78 The meanings of the following terms used in this Law are:
(1)Infectious disease patients and suspected infectious disease patients are persons who conform to the diagnostic 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 health administration department under the State Council.
(2)Pathogen carriers are persons who, infected with the pathogens of infectious diseases, have no clinical symptoms but can discharge pathogens.
(3)Epidemiological investigation refers to investigation and research conducted among groups of people's on the geological distribution of diseases and health conditions
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