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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II PREVENTION AND PREPARATIONS FOR URGENT HANDLING CHAPTER III REPORT AND INFORMATION RELEASE CHAPTER IV URGENT HANDLING CHAPTER V LEGAL LIABILITIES CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present Regulation has been enacted for the purpose of effective prophylaxis, timely control and elimination of public health emergencies, and safeguarding the physical health and life security of the general public, and to maintain the normal social order. Article 2. The term "public heath emergencies" used in the present Regulation (hereafter "emergencies") refers to sudden outburst of a serious contagious disease, colonial disease of unknown causes, important alimentary or occupational toxicosis that has caused or may cause severe effect on the health of the general public and to other incidents that severely affect the health of the general public. Article 3. When an emergency outbreaks, the State Council shall set up a headquarter for the urgent handling of the national emergency, which shall be composed of the relevant departments of the State Council and the relevant departments of the army, with the leader in charge of the State Council as the commander-in-chief the headquarters to be responsible for the overall leadership and command of the urgent handling of the national emergency. The administrative department of health under the State Council and other relevant departments shall do a good job in the urgent handling of the emergency within their respective functions and duties. Article 4. When any emergency breaks out, the people's government of the provinces, autonomous regions, or municipalities directly under the Central Government shall set up local headquarters for the urgent handling of the emergency, with the principal leader of the people's government of the province, autonomous region, or municipality directly under the Central Government as the commander-in-chief to be responsible for the leadership and command of the urgent handling of the emergency within their respective jurisdiction. The health administrative department of the local people's governments on the county level and above shall be responsible for the specific investigation, control and medical treatment of emergency. The health administrative department of local people's governments on the county level and above shall do a good job in the urgent handling of the emergency within their respective functions and duties. Article 5. In the urgent handling of emergencies, the guideline of giving priority to prophylaxis and being always on the alert shall be followed, and the principles of unified leadership, level-by-level responsibility, timely response, resolute decision-making, reliance on science, and strengthening cooperation shall be adhered to. Article 6. All the people's governments on the county level and above shall organize scientific researches relating to the prophylaxis and treatment of emergencies, make reserves for the urgent handling of emergencies, including reserves of materials, equipment, facilities, technology, and talent resources for the epidemiological investigation, isolation of contagious sources, medical rescue and treatment, on-the-spot disposition, supervision and inspection, monitoring and examination, health protection, etc., the expenditure of which shall be enlisted into the fiscal budget of the government on the same level. The state grants fiscal support to the remote areas and poverty-stricken areas in the urgent handling of emergencies. Article 7. The state encourages and supports international exchanges and cooperation relating to the monitoring, precaution, and response of emergencies. Article 8. The relevant departments of the State Council and the relevant departments of the people's government on the county level and above shall establish a rigid responsibility system for the prevention and urgent handling of emergencies so as to meticulously perform their respective functions and duties, and ensure the normal work of urgent handling of emergencies. Article 9. The health administrative departments of the people's government on all levels above the county level shall grant appropriate allowances and health care subsidies to the medical and health personnel that participate in the urgent handling of emergencies. Those who make outstanding contributions in the urgent handling of emergencies shall be commended and given awards. For those who become ill, are disabled, or die in the urgent handling of emergencies, corresponding allowances and subsidies shall be granted according to the relevant provisions of the state. CHAPTER II PREVENTION AND PREPARATIONS FOR URGENT HANDLING Article 10. The health administrative department of the State Council shall formulate national plans for the urgent handling of emergencies according to the principle of classified guidance and rapid response, and submit them to the State Council for ratification. The people's governments of the provinces, autonomous regions, municipalities directly under the Central Government shall formulate plans for the urgent handling of emergencies within their respective jurisdiction on the basis of the national plans and by taking the practical situations of the local places into consideration. Article 11. The national plans for the urgent handling of emergencies shall cover the following aspects: (1) The composition of the headquarter for the urgent handling of emergencies and the functions and duties of relevant departments; (2) The monitoring and early warning of emergencies; (3) The collection, analysis, report, and notification of information about emergencies; (4) Techniques for the urgent handling of emergencies, the monitoring institutions and the duties thereof; (5) The grading of emergencies and working plans for emergent handling; (6) The prevention, on-the-spot control, urgent handling facilities, equipments, cure and medical treatment appliances for the emergencies, and the reserve and deployment of other materials and techniques; and (7) The building and training of professionals for the urgent handling of emergencies. Article 12. The plans for the urgent handling of emergencies shall be revised and supplemented in good time according to the changes that arise in the emergencies and the problems that are found in the implementation of the plans. Article 13. The local people's government on all levels shall, according to the provisions of laws and administrative regulations, do a good job in the prophylaxis of contagious diseases and in other public health work so as to avoid emergencies. The health administrative departments and other relevant departments of the people's governments on the county level and above shall convey professional knowledge to the general public of the urgent handling of emergencies so as to elevate the consciousness of prophylaxis and handling capacity of the whole society. Article 14. A unified system for the prevention and control of emergencies shall be established by the state. The local people's government on the county level shall establish and perfect the system for the monitoring and early warning of emergencies. The administrative departments of health of the people's government on the county level and above shall designate certain institutions to be responsible for the routine monitoring of emergencies, and shall ensure the normal operation of the monitoring and early warning system. Article 15. For the monitoring and early warning of emergencies, monitoring plans shall be formulated according to the classification of the incidents for the scientific analysis and comprehensive appraisal of the monitoring data. For the potential dangers found during their initial stage and for the possible emergencies, they shall be reported in good time according to the procedures and time limits provided in the present Regulation. Article 16. The relevant departments of the State Council and the local people's governments on the county level and the relevant departments thereof shall ensure the reserve of materials including emergency facilities, equipments, drugs, and medical appliances according to the demand of the plans for the urgent handling of emergencies. Article 17. The people's government on the county level and above shall strengthen the construction of an emergency medical service network, be equipped with corresponding drugs, techniques, equipments, and professionals for medical treatment and cure, and shall raise their capacity of medical treatment and cure of the medical and health institutions in the handling of emergencies. The local people's governments of the cities divided into districts and on higher levels shall set up special hospitals of contagious diseases that can meet the demand for the prophylaxis and treatment of contagious diseases, or designate the medical institutions that are equipped with the conditions for and are capable of the prophylaxis and treatment of contagious diseases to undertake the task of prophylaxis and control of contagious diseases. Article 18. The health administrative departments of the local people's governments on the county level and above shall conduct regular training to the medical institutions and personnel thereof about the knowledge and techniques relating to the urgent handling of emergencies, organize the medical institutions to conduct regular drills for the urgent handling of emergencies, and popularize the latest knowledge and advance techniques. CHAPTER III REPORT AND INFORMATION RELEASE Article 19. An emergency report system shall be established by the state. The administrative department of health of the State Council shall formulate rules for the emergency report of paroxysmal accidents, and establish an information report system for important and urgent diseases. In any of the following circumstances, the people's government shall report to the health administrative department of the State Council within one hour after receiving a report: (1) A contagious disease bursts out or may burst out and prevail; (2) Any colonial disease with unknown causes occurs or is found; (3) The bacterial seeds or noxious seeds of any contagious disease are lost; or (4) Any severe alimentary or occupation toxicosis incident occurs or may occur. For an emergency that may cause serious social effects, the health administrative department of the State Council shall report to the State Council without delay. Article 20. In case any of the circumstances described in Article 19 of the present Regulation is found by any emergency monitoring institution, medical institution or other relevant entity, the finder shall report to the health administrative department of the local people's government on the county level within two hours; the health administrative department that receives the report shall report to the people's government on the same level within two hours, and shall report concurrently to the health administrative department of the people's government on the next higher level and the health administrative department of the State Council. The people's government on the county level that receives the report shall report to the people's government of the city divided into districts or the people's government on the next higher level within two hours. The people's government of the city divided into districts shall, within two hours after receiving the report, report to the people's government of the province, autonomous region, or municipality directly under the Central Government. Article 21. No entity or individual may conceal, delay the report, or make a false report or hint any other person to conceal, delay the report, or make a false report of any emergency. Article 22. The local people's government and health administrative department that receives a report shall, at the same time of reporting according to the relevant provisions of the present Regulation, immediately organize relevant people to investigate and verify the reported matter, take necessary control measures, and shall report the result of investigation without delay. Article 23. The health administrative department of the State Council shall notify the relevant departments of the State Council, the health administrative departments of all provinces, autonomous regions, and municipalities directly under the Central Government, and the relevant departments of the army of the emergency. The health administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government where the emergency takes place shall notify the health administrative department of the people's government of neighboring provinces, autonomous regions, and municipalities directly under the Central Government. The health administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government that receives the notice shall, when necessary, notify the medical and health institutions within their respective jurisdictions in good time. When any relevant department of the local people's government on the county level and above finds that any emergency occurs or may occur, it shall notify the health administrative department of the people's government on the same level in good time. Article 24. An emergency disclosure system shall be established by the state, and telephone numbers for reporting or disclosing emergencies shall be made public. All entities and individuals are entitled to report any potential danger of emergency to the people's government and the relevant departments thereof, to disclose to the people's government on higher levels and the relevant department thereof about the nonfeasance of the local people's government or relevant departments thereof in the urgent handling of emergencies or about their noncompliance with the prescribed rules in their performance of duties. The people's government or relevant department thereof that receives the report or disclosure shall set out immediately to investigate into the potential danger, nonfeasance, or noncompliance. The entities and individuals that are meritorious in disclosing emergencies shall be given awards by the people's government on the county level or above and the relevant departments thereof. Article 25. An emergency information release system shall be established by the state. The health administrative department of the State Council shall be responsible for releasing to the general public the information about emergencies. Where necessary, it may authorize the health administrative department of the people's government of the provinces, autonomous regions, and municipalities directly under the Central Government to release the information of the emergencies within their respective jurisdictions. The information shall be released accurately, comprehensively, and in good time. CHAPTER IV URGENT HANDLING Article 26. Where any emergency occurs, the administrative department of health shall organize experts to make comprehensive appraisals about the incidents, make initial judgment about the type of the emergency, and suggest whether to initiate the plans for urgent handling of emergencies or not. Article 27. To initiate a national plan for the urgent handling of emergencies within the whole country or within an area that covers two or more provinces, autonomous regions, or municipalities directly under the Central Government, the health administrative department of the State Council shall report to the State Council for ratification. The initiation of the plans for the urgent handling of emergencies of a province, autonomous region, or municipality directly under the Central Government shall be decided by the people's government of the province, autonomous region, or municipality directly under the Central Government, and shall be reported to the State Council. Article 28. The national headquarters for the urgent handling of emergencies shall superintend and guide the urgent handling of emergencies, and the local people's governments on alls levels and the relevant departments thereof shall show cooperation. The headquarters of the provinces, autonomous regions, or municipalities directly under the Central Government for the urgent handling of emergencies shall superintend and guide the urgent handling of emergencies within their respective jurisdictions. Article 29. The professional institutions designated by the health administrative department or other relevant department of the people's government on the provincial level for the urgent handling of emergencies shall be responsible for the technical investigation, verification, disposition, control, and appraisal of the emergencies. Article 30. The health administrative department of the State Council shall announce in good time whether a newly found outburst of contagious disease is a statutory contagious disease according to the degree of damages and intensity of prevailing and according to the relevant provisions of the Law of the People's Republic of China on the Prophylaxis and Treatment of Contagious Diseases. It shall be subject to the State Council to decide whether a contagious disease falls into the Category A. Article 31. Before initiating an urgent handling plan, the relevant departments of the people's governments on all levels above the county shall make preparations according to the practical situation of the emergency, and shall take necessary emergency measures. After an urgent handling plan is initiated, the relevant departments of the people's government of the place where the incident occurs shall, as required by the functions and duties provided in the plan, be subject to the unified command of the headquarters for the urgent handling of emergencies, arrive immediately at their prescribed positions and take relevant control measures. The medical treatment and health institutions, monitoring institutions and scientific research institutions shall be subject to the unified command of the headquarters for the urgent handling of emergencies, and shall cooperate with each other so as to concentrate forces in conducting relevant scientific researches. Article 32. After an emergency occurs, the relevant department of the State Council, the local people's governments on and above the county level as well as the relevant departments thereof shall guarantee the production and supply of materials needed for the urgent handling of emergencies, such as medical treatment and rescue equipments, drugs, medical appliances, etc. The administrative departments of railway, transportation, and civil aviation shall guarantee the timely delivery of such materials. Article 33. Where it is required by the urgent handling of emergencies, the headquarters for the urgent handling of emergencies shall be entitled to urgently assemble people, reserved materials, means of communications and relevant facilities and equipments. Where necessary, it may disperse or isolate people, and may blockade the areas of contagious disease according to law. Article 34. The headquarter for the urgent handling of emergencies may, as required by the urgent handling of emergency, take control measures over food and water sources. The health administrative department of the local people's government on the county level and above shall take control measures over the scenes of incident, popularize the knowledge about the prophylaxis and treatment of emergencies, and take emergency measures such as urgent inoculation, preventive medication, group prophylaxis, etc. over the people that are easily infected and other people that are easily injured. Article 35. All people that participate in the urgent handling of emergencies shall, according to the provisions of the plans, take preventive measures of health, and shall be subject to the guidance of professionals. Article 36. The professional technical institutions designated by the health administrative department of the State Council or other relevant departments thereof shall be entitled to enter into the scenes of incident to make investigations, take samples, make technical analyses and tests, provide technical guidance to the urgent handling of local emergencies, and the relevant entities and individuals shall show cooperation. No entity or individual may refuse under any pretext. Article 37. In the case of any newly found contagious disease, colonial disease with unknown causes, severe alimentary and occupational toxicosis, the health administrative department of the State Council shall organize forces as quickly as possible to formulate relevant technical standards, specifications, and control measures. Article 38. Where any patient or suspected patient of a contagious disease against whom it is necessary to take emergent control measures according to the relevant provisions of the health administrative department of the State Council is found on any means of communication, the person-in-charge of the means of communication shall inform the next stop by the most rapid means and report to the business operator of the means of communication. The next stop of the means of communication and the business operator shall report to the administrative department in charge of the business operation of the means of communication and the health administrative department of the local people's government on the county level and above. The health administrative department shall, after receiving the report, organize relevant persons without delay to take corresponding measures of medical disposition. With regard to those who have close contacts with the patients of a contagious disease on the means of communication, the health administrative department or the department of railway, transportation, or civil aviation of the people's government on the county level and above shall take control measures according to their respective duties and to the provisions of the laws and administrative regulations concerning contagious diseases. With regard to the people, means of communication, goods, containers, luggage, mail parcels, etc. at the frontier ports and to arrive or depart that are subject to emergent contagious disease control measures, they shall be dealt with according to the provisions of the laws and administrative regulations regarding the frontier health and quarantine. Article 39. The medical and health institutions shall provide medical treatment and cure and on-the-spot rescue to the people who fall ill as a result of any emergency, and shall accept the visiting patients for medical treatment, with the medical treatment records being taken down in detail and entirety. In case it is necessary for the patient to be transferred to other medical institutions for treatment, it shall be transferred to the accepting or designated medical institution together with photocopies of the medical treatment records. Health and prophylaxis measures shall be taken within the medical and health institutions so as to avoid cross-infection and contamination. Medical and health institutions shall take medical observation measures over those who have close contacts with the contagious disease patients, and the latter shall show cooperation. When accepting patients and suspected patients of contagious diseases for medical treatment, medical institutions shall report to the local disease prophylaxis and control institutions according to law. The disease prophylaxis and control institution that receives the report shall make immediate investigations into the people that are apt to be infected, and shall take control measures where necessary. Article 40. Where any contagious disease breaks out or prevails, the sub-districts, towns (townships) and the residents' committees as well villagers' committees shall organize forces and cooperate with one another to achieve united prophylaxis and treatment, and shall assist the health administrative departments, other relevant departments, and medical and health institutions in the collection and report of information about the disease, the disperse and isolation of people, and the implementation of the public health measures, and shall convey relevant knowledge about the prophylaxis and treatment of the disease to the villagers and residents. Article 41. With regard to the floating people within the areas where any contagious disease bursts out or prevails, the local people's government on the county level and above where the incident occurs shall do a good job in prophylaxis and implement relevant health and control measures. The patients and suspected patients of contagious disease shall be subject to on-the-spot isolation, observation, and treatment. Where it is necessary for them to be cured or transferred to other medical institutions for diagnosis, it shall be done according to the provisions of Article 39, Paragraph 1 of the present Regulation. Article 42. Relevant departments and medical and health institutions shall try to achieve the goal of "early finding, early report, early isolation, and early treatment", and shall sever the means of transmission so as to avoid diffusion. Article 43. The people's governments on all levels above the county shall provide necessary funds so as to ensure that the people who fall ill or become disabled as a result of the emergency receive timely and effective cure and treatment. The specific measures shall be formulated by the departments of the State Council in charge of public finance, health, and labor security. Article 44. The patients, suspected patients, and those have close contacts with them that need to receive isolated treatment or medical observations in the emergency shall show cooperation when the health administrative departments or other relevant institutions take such medical measures. If any of them refuses, the public security organs shall assist by taking mandatory measures. CHAPTER V LEGAL LIABILITIES Article 45. Where any local people's government on the county level or above as well as the health administrative department thereof fails to perform its duty of report prescribed in the present Regulation, conceals, delays the report or makes false reports or hint other people to conceal, delay the report or make false reports of the emergency, the key leader of the people's government and the major persons-in-charge of the health administrative department shall be given the administrative sanction of demotion or removal. If the contagious disease spreads or prevails or if causes any other serious consequences to the health of the general public, they shall be subject to the administrative sanction of dismissal. If any crime is constituted, they shall be subject to criminal liabilities. Article 46. Where any of the relevant departments of the State Council or any of the local people's government on the county level or above or any of the relevant departments thereof fails to accomplish the production, supply, transportation, and reserve of materials such as facilities, equipments, drugs, and medical appliances needed for the urgent handling of any emergency according to the provisions of the present Regulation, the key leaders of the people's government and the major persons-in-charge of the government departments shall be subject to the administrative sanction of demotion or removal according to law. If the contagious disease spreads out or prevails or if any other serious consequence is caused to the health of the general public, they shall be subject to the administrative sanction of dismissal. If any crime is constituted, they shall be subject to criminal liabilities. Article 47. When an emergency occurs, if any of the local people's governments on the county level and above as well as the relevant departments thereof fails to cooperate in the investigation by the higher people's government or obstructs or interferes with the investigation by any other means, the key leaders of the people's government and the major persons-in-charge of the government departments shall be subject to the administrative sanction of demotion or removal. If any crime is constituted, they shall be subject to criminal liabilities. Article 48. In case any of the health administrative department or any other relevant department of the people's government on the county level and above neglects its duties, breaches its duties, or malpractices in the investigation, control, or medical rescue and treatment of any emergency, it shall be ordered by the people's government on the same or higher level to get right, be criticized in circulated notices, and be given a warning, and the major leaders and persons-in-charge who are held to be responsible as well as other people who are held to be responsible shall be subject to the administrative sanction of demotion or removal. If the contagious disease spreads out or prevails or any other serious consequence is cause to the health of the general public, they shall be subject to the administrative sanction of dismissal. If any crime is constituted, they shall be subject to criminal liabilities. Article 49. Where any of the relevant departments of the people's government on the county level or above fails to perform its duties, it shall be ordered by the people's government on the same or higher level to get right, be criticized in circulated notices, or be given a warning, and the major leaders and persons-in-charge who are held to be responsible as well as other people who are held to be responsible shall be subject to the administrative sanction of demotion or removal. If the contagious disease spreads or prevails or causes any other serious consequence to the health of the general public, they shall be subject to the administrative sanction of dismissal. If any crime is constituted, they shall be subject to criminal liabilities. Article 50. In any of the following circumstances, the medical treatment or health institution shall be ordered by the health administrative department to get right, be criticized in circulated notices, and be given a warning. If the circumstances are serious, the Practice License by Medical Institutions thereof shall be canceled, and the major leaders and persons-in-charge who are held to be responsible as well as other people who are held to be responsible shall be subject to the administrative sanction of demotion or removal. If the contagious disease spreads out or prevails or any other serious consequence is cause to the health of the general public, they shall be subject to the administrative sanction of dismissal. If any crime is constituted, they shall be subject to criminal liabilities: (1) Failing to perform its duty of report according to the present Regulation or conceals or delays the report or make false reports of relevant information; (2) Failing to take control measures in good time according to the present Regulation; (3) Failing to perform its duty of monitoring the paroxysmal provided in the present Regulation; (4) Refusing to accept any visiting patient; or (5) Refusing to comply with the deployment of the headquarters for the urgent handling of emergencies. Article 51. If, in the urgent handling of any emergency, any entity or individual fails to perform its duties of report provided in the present Regulation, conceals or delays the report or makes false reports of relevant information, or obstructs any working staff from perform its duty in the urgent handling of emergency, or prevents any of the medical institutions designated by the health administrative department of the State Council or by any other relevant department from entering the scene of incident, or failing to show cooperation in the investigation, taking samples, technical analysis or examination, and relevant persons who are held to be responsible shall be subject to administrative sanctions or disciplinary sanctions. If it or he commits any act in violation of the Regulation of the People's Republic of China on Administrative Penalties for Public Security, it or he shall be subject to penalties by the public organs according to law. If any crime is constituted, it or he shall be subject to criminal liabilities. Article 52. If, during the period of any emergency, any one propagates any rumor, artificially pushes up prices, or defrauds consumers so that the social order or market order is disrupted, he shall be subject to administrative penalties by the public security organ or the administration for industry and commerce according to law. If any crime is constituted, he shall be subject to criminal liabilities. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 53. Where the medical institutions of the People's Liberation Army of China or the armed forces participate in the urgent handling of emergencies, the relevant provisions of the present Regulation and the relevant provisions of the army shall apply. Article 54. The present Regulation shall come into force as of the day when it is promulgated. |
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