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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II PUBLICITY AND EDUCATION CHAPTER III PREVENTION AND CONTROL CHAPTER IV TREATMENT AND ASSISTANCE CHAPTER V SAFEGUARD MEASURES CHAPTER VI LEGAL LIABILITIES CHAPTER VII SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present Regulation is formulated in accordance with the Law on the Prevention and Treatment of Epidemic Diseases for the purpose of preventing and controlling the occurrence and spread of HIV/AIDS, and ensuring physical health and public health. Article 2. The guidelines of laying emphasis on prevention, and combining prevention with treatment shall be adhered to for the work of HIV/AIDS prevention and treatment, and the mechanism of organization and guidance by government with each department performing its own functions respectively, and the common participation of the whole society shall be established. Publicity and education shall be strengthened. And measures such behavioral interventions and care and support shall be adopted to implement comprehensive prevention and treatment. Article 3. No entity or individual may discriminate against people infected with HIV, AIDS sufferers, and their family members. The lawful rights and interests enjoyed by the people infected with HIV, AIDS sufferers, and their family members in marriage, employment, medical treatment, and education shall be protected by law. Article 4. The people's governments at or above the county level shall give guidance to the work for prevention and treatment uniformly, establish and perfect coordinated mechanism for the work of HIV/AIDS prevention and treatment and work responsibility system, and make examination and supervision on the work for HIV/AIDS prevention and treatment undertaken by the relevant departments. The relevant departments of the people's governments at or above the county level shall be responsible for HIV/AIDS prevention and treatment and the supervision and administration thereof according to their divisions of functions. Article 5. The competent department of health of the State Council shall formulate national planning for HIV/AIDS prevention and treatment together with the other relevant departments of the State Council. The local people's governments at or above the county level shall, according to the provisions of the present Regulation and the national planning for HIV/AIDS prevention and treatment, formulate and organize the implementation of the action plan for HIV/AIDS prevention and treatment within their own administrative regions. Article 6. The state encourages and supports trade unions, communist youth leagues, women's federations, and the Red Cross, and other organizations to assist the people's governments at all levels to carry out the work for HIV/AIDS prevention and treatment. The residents' committees and the villagers' committees shall assist the local people's governments at all levels and the relevant departments of the governments to carry out publicity and education on relevant laws, regulations, policies, and knowledge for HIV/AIDS prevention and treatment, develop the public welfare undertakings in respect of HIV/AIDS prevention and treatment, and do a good job for HIV/AIDS prevention and treatment. Article 7. The people's governments at all levels and the relevant departments of the governments shall take measures to encourage and support the relevant organizations and individuals to participate in the work for HIV/AIDS prevention and treatment in accordance with the provisions of the present Regulation and the requirements of the national planning for HIV/AIDS prevention and treatment and the action plan for HIV/AIDS prevention and treatment, and make donations on the work for HIV/AIDS prevention and treatment, and conduct behavioral interventions on the group of people with risky behaviors of HIV infection, and provide care and support to the people infected with HIV, AIDS sufferers, and their family members. Article 8. The state encourages and supports the carrying out of scientific research relating to the prevention, diagnosis, and treatment of HIV/AIDS to improve the scientific and technical level for HIV/AIDS prevention and treatment, encourages and supports the carrying out of clinical treatment and research on HIV/AIDS prevention and treatment through traditional medicines and through combining traditional medicines and modern medicines. The state encourages and supports the carrying out of international cooperation and exchange on the work for HIV/AIDS prevention and treatment. Article 9. The relevant departments of the people's governments at or above the county level shall give commendation and awards to the entities and individuals who have made great achievements in and contributions to the work for HIV/AIDS prevention and treatment. Anyone who suffers from AIDS, loses labor capacity, or dies of HIV infection due to his participation in the work for HIV/AIDS prevention and treatment or execution of public affairs shall be given subsidy or preferential treatment. CHAPTER II PUBLICITY AND EDUCATION Article 10. The local people's governments at all levels and the relevant departments of the governments shall organize to carry out publicity and education on HIV/AIDS prevention and treatment, and care and anti-discrimination on people infected with HIV, AIDS sufferers, and their family members, advocate health and civilized ways of living, and create a better social environment for HIV/AIDS prevention and treatment. Article 11. The local people's governments at all levels and the relevant departments of the governments shall set up fixed billboards for HIV/AIDS prevention and treatment or post public welfare advertisements on HIV/AIDS prevention and treatment, or organize to distribute publicity materials for HIV/AIDS prevention and treatment at stations, wharfs, airports, parks, and other public places, and the eye-catching places of passenger trains and vessels undertaking passenger transport, and other public means of transport. Article 12. The competent departments of health of the people's governments at or above the county level shall strengthen the work for publicity and education on HIV/AIDS prevention and treatment, and render technical support to the relevant departments, organizations and individuals that carry out the work for the publicity and education on HIV/AIDS prevention and treatment. Medical institutions shall organize their staff members to study the relevant laws, regulations, policies, and knowledge on HIV/AIDS prevention and treatment. Medical personnel shall carry out publicity and education on HIV/AIDS prevention and treatment to the patients when carrying out counseling, diagnosis, and treatment of AIDS, venereal diseases, and other relevant diseases. Article 13. The competent departments of education of the people's governments at or above the county level shall give guidance and urge higher education institutions, secondary vocational schools, and regular secondary schools to bring the knowledge on HIV/AIDS prevention and treatment into the relevant curriculum, and carry out the relevant after-school educational activities. Higher education institutions, secondary vocational schools, and regular secondary schools shall organize their students to study the knowledge on HIV/AIDS prevention and treatment. Article 14. The competent departments of population and family planning of the people's governments at or above the county level shall organize the carrying out of publicity and education on HIV/AIDS prevention and treatment by making use of the network for publicity and technical service of family planning. The family planning technical service institutions shall carry out publicity and education on HIV/AIDS prevention and treatment when providing technical services on family planning and reproductive health service to people of child-bearing age. Article 15. The relevant departments of the people's governments at or above the county level and the institutions undertaking intermediary labor services shall strengthen publicity and education of HIV/AIDS prevention and treatment on migrant workers. Article 16. The entry-exit inspection and quarantine organs shall strengthen the work for publicity and education on HIV/AIDS prevention and treatment at the entry ports, and provide pertinent HIV/AIDS prevention and treatment counseling and guidance to the entry-exit personnel. Article 17. The state encourages and supports the women's federations and the Red Cross to carry out publicity and education on HIV/AIDS prevention and treatment, and bring the publicity and education on HIV/AIDS prevention and treatment into the contents of work for women and children, so as to improve the consciousness and ability of women for HIV/AIDS prevention, and organize the members of the Red Cross and the volunteers thereof to carry out publicity and education on HIV/AIDS prevention and treatment. Article 18. The local people's governments at all levels and the relevant departments of the governments shall take measures to encourage and support the relevant organizations and individuals to carry out HIV/AIDS prevention and treatment counseling, guidance, and publicity and education for the group of people with risky behaviors of HIV infection. Article 19. Radios, televisions, newspapers and periodicals, and internets, and other news media shall carry out public welfare publicity on HIV/AIDS prevention and treatment. Article 20. Any organ, public organization, enterprise or institution, or individual economic organization shall organize the practitioners of its own entity to study the relevant laws, regulations, policies, and knowledge on HIV/AIDS prevention and treatment, and support the practitioners of its own entity to participate in the activities of publicity and education on HIV/AIDS prevention and treatment. Article 21. The local people's governments at or above the county level shall open telephone counseling service for HIV/AIDS prevention and treatment at medical institutions, so as to provide the general public with counseling service and guidance for HIV/AIDS prevention and treatment. CHAPTER III PREVENTION AND CONTROL Article 22. The state shall establish and perfect HIV/AIDS monitoring network. The competent department of health of the State Council shall formulate national HIV/AIDS monitoring planning and scheme. The competent department of health of the people's government at a province, autonomous region, and municipality directly under the Central Government shall, according to the national HIV/AIDS monitoring planning and scheme, formulate HIV/AIDS monitoring plan and work scheme for its own administrative region, and organize to carry out HIV/AIDS monitoring and special subject investigations, so as to master the change of HIV/AIDS epidemic situation and epidemic trend. The disease prevention and control organs shall be responsible for carrying out monitoring on the occurrence and spread of HIV/AIDS and the factors affecting its occurrence and spread. The entry-exit inspection and quarantine organs shall be responsible for making HIV/AIDS monitoring on entry-exit personnel, and report the monitoring result to the competent departments of health in a timely manner. Article 23. The state shall implement HIV voluntary counseling and testing system. The medical institutions designated by the competent departments of health of the local people's governments at or above the county level shall, in accordance with the measures for HIV voluntary counseling and testing formulated by the competent department of health of the State Council together with other relevant departments of the State Council, provide free counseling and preliminary screening on those who accept HIV counseling and testing voluntarily. Article 24. The competent department of health of the State Council may, together with other relevant departments of the State Council, prescribe the circumstances under which the HIV testing shall be conducted upon the need for the prevention and control of HIV/AIDS. Article 25. The competent department of health of the people's governments at or above the provincial level shall, according to the arrangement of medical institutions and the spread of HIV/AIDS, determine the laboratories undertaking the work for HIV testing according to the relevant state provisions. The entry-exit inspection and quarantine organs of the state shall determine the laboratories undertaking the work for HIV testing on entry-exit personnel in accordance with the standards and criterions prescribed by the competent department of health of the State Council. Article 26. The local people's governments at or above the county level and the relevant departments of the governments shall, in accordance with the provisions of the present Regulation, and on the basis of the spread of HIV/AIDS in their own administrative regions, formulate measures to encourage and support the residents' committees or the villagers' committees and other relevant organizations and individuals to popularize behavioral intervention measures for HIV/AIDS prevention, so as to assist the group of people with risky behaviors of HIV infection to change their behaviors. The relevant organizations and individuals shall, when implementing behavioral intervention measures to the group of people with risky behaviors of HIV infection, comply with the provisions of the present Regulation and the requirements of the national planning for HIV/AIDS prevention and treatment and the action plan for HIV/AIDS prevention and treatment. Article 27. The people's governments at or above the county level shall establish coordination mechanism for the work of HIV/AIDS prevention and treatment and drug control, and organize the relevant departments to put into practice the measures for HIV/AIDS prevention and treatment to drug users. The departments of health, public security and the department of drug supervision and administration of the people's governments at provinces, autonomous regions, or municipalities directly under the Central Government shall cooperate with each other, and carry out the work for drug maintenance and treatment on drug addicts actively and steadily on the basis of the spread of HIV/AIDS and the drug users within their own administrative regions, and implement other intervention measures in a planned manner. Article 28. The departments of health, population and family planning, industry and commerce, drug supervision and administration, quality supervision, inspection and quarantine, and radio, film and television of the people's governments at or above the county level shall organize to popularize the use of condoms, and establish and perfect condoms supply networks. Article 29. The operators in the public places that are determined by the people's government of a province, autonomous region, or municipality directly under the Central Government shall place condoms at public places or set up facilities for the sale of condoms. Article 30. The service staff in public places shall, according to the provisions of the Regulation on Health Administration of Public Places, conduct relevant health inspection regularly and obtain conformity certificate of health. The operators shall check their health conformity certificates, and shall not allow the personnel who have not obtained the health conformity certificates to undertake service work. Article 31. The public security organs and the administrative departments of justice shall take corresponding prevention and treatment measures on people infected with HIV or suffering from AIDS, who are arrested, detained, or in custody for criminal penalties in prison according to law, as well as those in re-education centers, drug detoxification centers, and under education through labor to prevent the spread of HIV. The local people's governments at or above the county level shall give expenditures to public security organs and administrative departments of justice for their taking prevention and treatment measures in accordance with the preceding paragraph, and the disease prevention and control organs shall give them technical guidance and collaboration. Article 32. For the health technicians and the personnel who may accidentally become infected with HIV in execution of public affairs, the competent department of health of the people's governments at or above the county level and other relevant departments shall organize to carry out training on the knowledge of HIV/AIDS prevention and treatment and professional skill, and the relevant entities shall take effective safeguard measures of health and medical care measures. Article 33. Medical institutions and entry-exit inspection and quarantine organs shall, according to the provisions of the competent department of health of the State Council, observe the standard protection principle, strictly implement operational rules and sterilization management system, so as to prevent nosocomial infection and iatrogenic infection of HIV/AIDS. Article 34. The disease prevention and control organs shall, according to the principle of territorial jurisdiction, carry out medical follow-up on people infected with HIV and AIDS sufferers. Article 35. Blood banks and stations of sole collection of plasma shall make HIV testing on human blood and plasma collected by them, and shall not supply any human blood or plasma that has not been subject to HIV testing or with HIV-positive after testing to any medical institution or production entity of blood. The production entity of blood shall carry out HIV testing on plasma before putting the material plasma into production; any plasma without being subject to HIV testing or with HIV-positive after testing shall not be put into production as material plasma. Medical institutions shall conduct HIV testing on the blood collected temporarily due to emergency use of blood, and check the HIV testing result of the blood for clinical use. No one may collect or use the blood without being subject to HIV testing and checking or with HIV-positive after testing. Article 36. HIV testing shall be conducted on human tissues, organs, cells, bone marrow, that are collected or used. No one may collect or use any human tissue, organ, cell, or bone marrow that has not been subject to HIV testing or has HIV-positive after testing, unless it is used for scientific research and teaching of HIV/AIDS prevention and treatment. Article 37. The import of human blood, plasma, tissue, organ, cell, bone marrow, shall be approved by the competent department of health of the State Council. To import human blood products, the registration certificate of import drugs shall be obtained in accordance with the provisions of Pharmaceutical Administration Law upon the approval of the drug supervision and administration department of the State Council. The human blood, plasma, tissue, organ, cell, bone marrow, which are imported upon the approval of the competent department of health of the State Council, shall accept the quarantine of the entry-exit inspection and quarantine organ in accordance with the relevant provisions of frontier health and quarantine laws and administrative regulations. No one may import any of the said products that are not subject to quarantine or have not passed the quarantine. Article 38. People infected with HIV and AIDS sufferers shall perform the following obligations: (1) Accepting epidemiological investigation and guidance of disease prevention and control organs or entry-exit inspection and quarantine organs; (2) Informing the facts of HIV infection and pathogenesis to those who have sexual relationship with them in a timely manner; (3) Informing the doctors who receive them of the facts of HIV infection and pathogenesis according to the facts when seeing doctors; and (4) Taking necessary protection measures to prevent others from being infected. People infected with HIV and AIDS sufferers shall not spread HIV/AIDS purposely in any way. Article 39. When any disease prevention and control organ or entry-exit inspection and quarantine organ conducts epidemiological investigation on HIV/AIDS, the entities and individuals under investigation shall provide the relevant information according to the facts. No entity or individual may publicize the name, address, working entity, portrait, and materials of disease history of any HIV-infected individual, AIDS sufferer or any of his/her family members, or any other information that may have his/her concrete identity inferred. Article 40. The competent departments of health of the people's governments at or above the county level and the entry-exit inspection and quarantine organs may seal up any possible HIV-polluted article proved by evidence, and inspect or sterilize it. If it is an HIV-polluted article after inspection, hygiene disposal may be made upon it or it may be destroyed. As to the article that is not polluted by HIV or may be used after being sterilized, the seal-up of it shall be cancelled in a timely manner. CHAPTER IV TREATMENT AND ASSISTANCE Article 41. Medical institutions shall provide HIV/AIDS prevention and treatment counseling, diagnosis, and treatment services for people infected with HIV and AIDS sufferers. No medical institution shall shuffle off or refuse to make treatment on any other disease of any patient only because he is an HIV-infected individual or AIDS sufferer. Article 42. For anyone who is determined as an HIV-infected individual or AIDS sufferer after diagnosis, the personnel of a medical institution shall inform the person himself or herself of the facts of HIV infection or pathogenesis. If the person is one who has no capability to conduct or is one with limited capability to conduct, his/her custodian shall be notified. Article 43. A medical institution shall, according to the provisions of the Scheme of Technical Guidance to Prevent Mother-to-Infant HIV Transmission formulated by the competent department of health of the State Council, render HIV/AIDS prevention and treatment counseling and testing on pregnant and postpartum women, and render such services for pregnant and postpartum women infected with HIV and their babies as counseling, prenatal guidance, blockade, treatment, postnatal visit, infant follow-up and testing, to prevent mother-to-infant HIV transmission. Article 44. The people's governments at or above the county level shall take the following care and assistance measures for HIV/AIDS prevention and treatment: (1) Providing free anti-HIV drugs to AIDS sufferers who are rural residents or people with financial difficulty in urban areas; (2) Properly reducing or exempting the fees for anti-opportunistic infection drugs of the people infected with HIV and AIDS suffers with financial difficulty living in rural or urban areas; (3) Providing free counseling and preliminary screening on the personnel who accept HIV/AIDS counseling and testing; and (4) Providing free treatment and counseling to the pregnant and postpartum women infected with HIV on the prevention of month-to-infant HIV transmission. Article 45. The orphans of AIDS sufferers with financial difficulty and the minors infected with HIV shall be exempted from relevant fees and fees for books and supplies if they receive compulsory education, and their tuition fees and the relevant fees shall be reduced or exempted if they receive education at the pre-school stage and the senior high school stage. Article 46. The local people's government at or above the county level shall give assistance to the living of people infected with HIV, AIDS sufferers, and their family members who are in financial difficulty and comply with the conditions for social assistance. Article 47. The relevant departments of the local people's governments at or above the county level shall create conditions to support people infected with HIV and AIDS sufferers who have labor capacity to undertake production and work to the best of their abilities. CHAPTER V SAFEGUARD MEASURES Article 48. The people's governments at or above the county level shall bring the work for the HIV/AIDS prevention and treatment into the national economic and social development planning, strengthen and improve the construction on the service network for HIV/AIDS prevention, testing, control, treatment, and assistance, and establish and perfect professional troops for HIV/AIDS prevention and treatment. The people's governments at all levels shall list the expenses for HIV/AIDS prevention and treatment into the budget of the corresponding finance upon the need of the HIV/AIDS prevention and treatment work. Article 49. The local people's governments at or above the county level shall bear the expenses needed for HIV/AIDS prevention, control, and supervision according to the functions of the governments at the corresponding level. The competent department of health of the State Council shall, together with other relevant departments of the State Council, and in light of the epidemic trend of HIV/AIDS, determine such national projects relating to HIV/AIDS prevention and treatment as publicity, training, monitoring, testing, epidemiological investigation, medical treatment and rescue, emergency handling and supervision and inspection. The central finance shall give subsidy to major HIV/AIDS prevention and treatment projects implemented in regions of serious HIV/AIDS spread and regions in poverty. The people's government at a province, autonomous region, and municipality directly under the Central Government shall, in light of the demand for HIV/AIDS prevention and treatment work and HIV/AIDS epidemic trend, determine the projects relating to HIV/AIDS prevention and treatment, and ensure the expenditures for implementing the projects. Article 50. The people's governments at or above the county level shall, in light of the demand for HIV/AIDS prevention and treatment work and HIV/AIDS epidemic trend, store anti-HIV drugs, diagnostic test reagents and other materials. Article 51. The local people's governments at all levels shall formulate support measures to provide necessary capital support and convenient conditions for the relevant organizations and individuals to carry out HIV/AIDS prevention and treatment activities. The relevant organizations and individuals shall enjoy tax preference according to law in their participation of HIV/AIDS prevention and treatment public welfare undertakings. CHAPTER VI LEGAL LIABILITIES Article 52. If the local people's governments at all levels fail to perform their obligations for organizing, guiding, and ensuring HIV/AIDS prevention and treatment work in light of the provisions of the present Regulation, or fail to take measures for HIV/AIDS prevention and treatment and assistance, the people's governments at the higher level shall order them to correct, and circulate a report of criticism. If their failure to perform obligation results in the transmission, or spread of HIV/AIDS or other serious consequences, the person-in-charge who is accountable shall be given administrative punishment according to law; if a crime is constituted, he shall be subject to criminal liabilities according to law. Article 53. In case any competent department of health of the people's government at or above the county level violates the provisions of the present Regulation and has any of the following circumstances, the people's government at the corresponding level or the competent department of health of the people's government at the higher level shall order it to correct and circulate a report of criticism. If its violation results in the transmission or spread of HIV/AIDS or other serious consequences, the person-in-charge who is accountable and other personnel directly liable shall be given administrative punishment according to law; if a crime is constituted, they shall be subject to criminal liabilities: (1) Failing to perform obligations of publicity and education on HIV/AIDS prevention and treatment; (2) Failing to take control measures to those articles that may be polluted by HIV proved by evidence; or (3) Other relevant acts of derelict of duty or misuse of duty. In case any entry-exit inspection and quarantine organ has any of the circumstances prescribed in the preceding paragraph, its competent department at the higher level shall give it punishment in accordance with the provisions of the present Article. Article 54. In case any relevant department of the people's government at or above the county level fails to perform its duty of publicity and education, and prevention and control according to the provisions of the present Regulation, the people's government at the corresponding level or the relevant departments of the people's government at the higher level shall order it to correct and circulate a report of criticism. If their failure to perform duty results in the transmission or spread of HIV/AIDS or other serious consequences, the person-in-charge who is accountable and other personnel directly liable shall be given administrative punishment according to law; if a crime is constituted, they shall be subject to criminal liabilities. Article 55. In case any medical institution fails to perform the obligations prescribed in the present Regulation and has any of the following circumstances, the competent department of health of the people's government at or above the county level shall order it to correct within a prescribed time limit, circulate a report of criticism, and give warnings. If its failure to perform obligation results in the transmission or spread of HIV/AIDS or other serious consequences, the person-in-charge who is accountable and other personnel directly liable shall be given punishment such as degradation, removal from office, or dismissal according to law, and the relevant organs or persons liable may be suspended of the practicing license according to law; if a crime is constituted, they shall be subject to criminal liabilities: (1) Failing to perform AIDS monitoring function; (2) Failing to provide free counseling and preliminary screening prescribed; (3) Failing to make HIV testing on the blood collected temporarily for emergency use, failing to check the HIV testing result of the blood for clinical use, or having HIV-positive blood for clinical use; (4) Failing to observe the principle of standard protection, or failing to execute operational rules and sterilization management system, which results in nosocomial infection and iatrogenic infection of HIV/AIDS; (5) Failing to take effective health protection measures and medical care measures; (6) Shuffling off or refusing to treat other diseases of people infected with HIV or AIDS sufferers, or failing to provide counseling, diagnosis, and treatment services for people infected with HIV or AIDS sufferers; (7) Failing to carry out medical follow-up on people infected with HIV or AIDS sufferers; or (8) Failing to provide technical guidance to prevent mother-to-infant HIV transmission required to pregnant and postpartum women infected with HIV and their babies. In case any entry-exit inspection and quarantine organ has the circumstances prescribed in item (1), (4), or (5), its competent department at the higher level shall give it punishment according to the provisions of the preceding paragraph. Article 56. In case any medical institution violates the provisions of paragraph two of Article 39 of the present Regulation, and publicizes the information of any HIV-infected individual or AIDS sufferer or any family member thereof, it shall be given punishment in accordance with the provisions of the Law on the Prevention and Treatment of Epidemic Diseases. In case any entry-exit inspection and quarantine organ, family planning technical service organ or other entity or individual violates the provisions of paragraph two of Article 39 of the present Regulation by publicizing the information of any HIV-infected individual or AIDS sufferer or any family member thereof, its competent department at the higher level shall order it to correct, circulate a report of criticism, and give warnings, and give the person-in-charge who is accountable and other personnel directly liable punishment according to law. If the circumstance is serious, the original license issuing department shall suspend the practicing license of the relevant organs or personnel who are held liable. Article 57. In case any blood bank or station of sole collection of plasma violates the provisions of the present Regulation, and has any of the following circumstances, which constitutes a crime, it shall be subject to criminal liabilities according to law. If it is not serious enough to constitute a crime, the competent department of health of the people's government at or above the county level shall give it punishment in accordance with the provisions of Blood Donation Law and the Regulation on the Administration of Blood Products. If its violation results in the transmission or spread of HIV/AIDS or other serious consequences, the person-in-charge who is accountable and other personnel directly liable shall be given punishments such as degradation, removal from office, or dismissal according to law, and the practicing license of the blood bank or station of sole collection of plasma shall be suspended according to law: (1) Failing to carry out HIV testing on the human blood and plasma collected by it, or continuing collecting human blood and plasma that are discovered to be HIV-positive after testing; or (2) Supplying human blood or plasma without subject to HIV testing or HIV-positive human blood or plasma to medical institutions and production entities of blood products. Article 58. In case any entity collects or uses any body tissue, organ, cell, bone marrow, in violation of the provisions of Article 36 of the present Regulation, the competent department of health of the people's government at the county level shall order it to correct, circulate a report of criticism, or give it warnings. If the circumstance is serious, it shall be ordered to stop business operation for rectification. If it has practicing license, the original license issuing organ shall suspend or revoke its practicing license. Article 59. For any human blood, plasma, tissue, organ, cell, or bone marrow that is imported without the approval of the competent department of health of the State Council, the entry-exit inspection and quarantine organ at the import port shall prohibit it from entry or supervise to destroy it. If any entity provides or uses any human blood, plasma, tissue, organ, cell, or bone marrow without subject to the quarantine of the entry-exit inspection and quarantine organ, the competent department of health of the people's government at or above the county level shall confiscate the illegal articles and the illegal gains, and impose a fine more than three times up to five times the value of the illegal goods. And the person-in-charge who is accountable and other personnel who are directly liable shall be given punishment according to law by his entity or the competent department at the higher level. Any entity who imports blood products without the approval of the drug supervision and administration department of the State Council shall be punished in accordance with the provisions of the Pharmaceutical Administration Law. Article 60. In case any blood bank, station of sole collection of plasma, medical institution, or blood product production entity violates any law or administrative regulation and results in HIV infection of other people, it shall undertake civil compensation liabilities according to law. Article 61. In case any operator of a public place fails to check the health conformity certificate of any service staff member or allows any person who has not obtained health conformity certificate to undertake service work, or any operator of the public places determined by the people's government of a province, autonomous region, or municipality directly under the Central Government fails to place condoms in public places or set up facilities for the sale of condoms, the competent department of health of the people's government at or above the county level shall order it to correct within a prescribed time limit, give it warning, and impose upon it a fine of RMB 500 up to 5,000 Yuan. If it fails to correct within the time limit, it shall be ordered to stop business operation for rectification. If the circumstance is serious, the original license issuing department shall revoke its practicing license according to law. Article 62. In case any HIV-infected individual or AIDS sufferer purposely spreads HIV/AIDS, he shall undertake civil compensation liabilities according to law; if a crime is constituted, he shall be subject to criminal liabilities according to law. CHAPTER VII SUPPLEMENTARY PROVISIONS Article 63. The following terms in the present Regulation shall have the following meanings: HIV/AIDS, shall refer to the acquired immunodeficiency syndrome incurred from the human immunodeficiency virus (HIV virus). Drug Maintenance Treatment on Drug Addicts, shall refer to the maintenance treatment conducted on drug addicts in the medical institutions that open drug detoxification treatment business upon approval by selection of appropriate medicines, so as to relieve drug dependence, reduce HIV infection and spread brought about by intravenous drug users, and reduce the diseases, death, and crimes brought about by drug addiction. Standard Protection Principle shall mean that the medical workers regard the blood, other body fluid of all the patients and the articles polluted by blood and other body fluid as the pathogenic organisms, and shall take protection measures when contacting with these substances. Group of people with risky behaviors of HIV infection, shall refer the group of people who have behaviors of prostitution and going whoring, multiple sexual partners, male-male sexual behaviors, and intravenous drug use, and other risky behaviors. AIDS Monitoring, shall refer to the comprehensive analysis on the materials collected continuously and systematically concerning the distribution of AIDS (or HIV infections) in various groups of people, so as to provide reliable information and basis in a timely manner for the relevant departments to formulate prevention and control strategies and measures, and make effect assessment on the prevention and control measures. HIV Testing, shall refer to the testing on HIV virus, HIV antibody, and the relevant immune parameters conducted on human blood, other body fluid, tissues and organs, blood derivatives, by adopting laboratory method, including monitoring, inspection and quarantine, voluntary counseling and testing, clinical diagnosis, and HIV testing in the work for screening of blood and blood products. Behavioral Intervention Measures, shall refer to the various measures capable of effectively reducing the transmission of HIV/AIDS, including: methadone maintenance treatment on HIV/AIDS transmission through intravenous drug users, and other measures; measures for popularization and use of condoms for prevention of HIV/AIDS transmission through sexual behaviors, and standardized and convenient measures for diagnosis and treatment of venereal diseases; measures for prevention of mother-to-infant HIV/AIDS transmission through anti-HIV drugs and feeding infants with formula; voluntary counseling and testing measures for early discovery of people infected with HIV and for being conducive to the change of risky behaviors; health education measures; educational measures for improving self-binding awareness and reducing risky behaviors in respect of sexual partners. Article 64. The present Regulation shall come into force as of March 1, 2006. The Several Provisions on HIV/AIDS Monitoring Administration, which were approved by the State Council on December 26, 1987, and promulgated by the Ministry of Health, Ministry of Foreign Affairs, Ministry of Public Security, the former State Education Committee, National Administration of Tourism, and the former Civil Aviation Administration of China, as well as the State Administration of Foreign Experts on January 14, 1988 shall be repealed simultaneously. |
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