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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II EPIDEMIC SITUATION REPORT, NOTIFICATION, AND RELEASES CHAPTER III PROPHYLAXIS AND CONTROL CHAPTER IV MEDICAL TREATMENT AND CURE CHAPTER V SUPERVISION AND ADMINISTRATION CHAPTER VI PROVISIONS ON PUNISHMENT CHAPTER VII SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. In order to effectively prevent and control the occurrence and spreading of the contagious atypical pneumonia (also referred to severe acute respiratory syndrome, hereafter "SARS"), and to safeguard the physical health and life security of the general public, the present Measures have been formulated according to the Law of the People's Republic of China on the Prophylaxis and Treatment of Contagious Diseases (hereafter "the Law on the Prophylaxis and Treatment of Contagious Diseases") and the Regulation on Meeting Emergencies in Paroxysmal Public Health Incidents (hereafter "the Regulation"). Article 2. The SARS shall be subject to the administration of statutory contagious diseases described in the Law on the Prophylaxis and Treatment of Contagious Diseases. The Prophylaxis, epidemic situation report, control, rescue and treatment of the SARS shall be governed by the Law on the Prophylaxis and Treatment of Contagious Diseases, the Regulation, and the present Measures. Article 3. In the Prophylaxis and treatment of the SARS, the principles of laying emphasis on Prophylaxis, combining Prophylaxis with treatment, showing hierarchical responsibilities, depending on science, and administering according to law. Article 4. The Ministry of Health ("MOH") shall uniformly supervise and take charge of the Prophylaxis and treatment of the SARS. The local administrative departments of health on the county level and above shall supervise and take charge of the Prophylaxis and treatment of the SARS within their respective administrative divisions. The disease Prophylaxis and control institutions (hereafter "DPC institutions") on all levels shall be responsible for monitoring the SARS within their respective extent of responsibilities according to their division of functions. All medical treatment institutions on all levels shall be responsible for the Prophylaxis and treatment of the SARS within their extent of responsibilities. Article 5. We should work all out to wage patriotic health campaigns, pay more attention to health education of SARS and legal propaganda, clean the environment, enhance the consciousness of the masses in Prophylaxis and treatment, mobilize all forces of the society to conduct massive Prophylaxis and treatment and to sever the channels of spreading SARS. Article 6. According to the relevant provisions of the state, appropriate allowances and health-care subsidies shall be granted to the medical persons that participate in the Prophylaxis and treatment of SARS. Those who have made outstanding contributions to the Prophylaxis and treatment of SARS should be honored and granted awards. For those who fall ill or are disabled or die in the Prophylaxis and treatment of SARS, allowances and consolation money shall be granted correspondingly. Article 7. The MOH and the administrative departments of health of the provinces, autonomous regions, and municipalities directly under the Central Government shall organize timely exchanges of the experiences of preventing and curing SARS between different regions, different medical treatment institutions, and DPC institutions; they shall actively conduct researches in the science and technology regarding the Prophylaxis and treatment of SARS, encourage and support the international exchange and cooperation in the field of scientific research and technology regarding the Prophylaxis and treatment of SARS. Article 8. All entities and individuals shall accept the inquiry, examination, investigation for evidences, supervision and inspection as well as Prophylaxis and control measures of the DPC institutions, medical institutions, and health supervision institutions, and shall be entitled to prosecute and charge against the acts that violate the present Measures. CHAPTER II EPIDEMIC SITUATION REPORT, NOTIFICATION, AND RELEASES Article 9. Where any entity or individual finds SARS patient or suspected SARS patient (hereafter "patient or suspected patient"), it or he shall report to the local DPC institution in good time. Where any medical institution and the workers thereof or the workers of the DPC institutions find any patient or suspected patient shall report immediately to the local DPC institution. Where a DPC institution find any case of SARS of receives the report of any case of SARS, it shall report immediately to the DPC institution on the next higher level and the local health administrative department. The health administrative department shall, after receiving a report, report to the people's government on the same level, and, at the same time, report to health administrative department on the next higher level as well as the health administrative department of the State Council. Article 10. No entity or individual may conceal, delay the report, make false reports or hint any person to conceal, delay the report, or make false reports of the epidemic situation of SARS. Article 11. The MOH shall, according to the situation of SARS, report in good time to the relevant departments of the State Council and notify the health administrative departments of all provinces, autonomous regions, and municipalities directly under the Central Government as well as the health administrative departments of the army. The health administrative department of the province, autonomous region, or municipality directly under the Central Government where SARS occurs shall notify the health administrative departments of the neighboring provinces, autonomous regions, and municipalities directly under the Central Government. The health administrative departments of the provinces, autonomous regions, and municipalities directly under the Central Government that are notified shall, where necessary, notify the medical care institutions within their respective administrative jurisdictions so as to do a good job in the Prophylaxis and control of SARS. Article 12. The MOH shall make timely and truthful releases of the situation of SARS, and the health administrative departments of the provinces, autonomous regions, and municipalities directly under the Central Government shall make timely and truthful releases of the SARS situation within their respective jurisdictions. Article 13. The health administrative departments on the county level and above shall strengthen the construction of the system for monitoring the SARS situation in the rural areas and for reporting the situation of SARS, and shall establish a information network of SARS situation on the county, township, and village levels. CHAPTER III PROPHYLAXIS AND CONTROL Article 14. The DPC institutions on all levels shall perform the following functions and duties: (1) Monitoring and pre-warning the situation of SARS; (2) Collecting, analyzing and appraising the information of SARS; (3) Conducting epidemiological investigations over the patients or suspected patients as well as those that have close contacts with them; (4) Taking necessary measures of medical observation against patients or suspected patients and those that have close contact with them; (5) Offering technical guidance to the medical institutions in terms of disinfection and isolation; (6) Conducting isolation control and disinfection measures over the epidemic areas. (7) Taking disinfection measures against the corpse of the patients or suspected patients that die outside of medical institutions; (8) Providing professional training to the DPC personnel; (9) Providing health education and medical consultation services to the general public; and (10) Taking other measures of DPC according to relevant provisions. Where necessary, they shall send people to work in the medical institutions that collectively accept patients or suspected patients, and assist medical institutions in the Prophylaxis and control work. Article 15. The DPC institutions, medical institutions, and the institutions that are engaged in the research of SARS must rigidly abide by relevant rules of administration and operational rule so as to avoid hospital-sourced infections, inter-hospital infections, laboratory infections, and the spreading of pathogenic microbes. For the persons engaged in the Prophylaxis and control, medical treatment and cure, and scientific research of SARS, the entities where they work shall take effective measures of protection as well as medical treatment and healthcare measures according to relevant provisions. Article 16. Relevant entities and individuals must, according to the requirements of the DPC institutions, dispose of, after careful disinfections, the sewage, filth, and diachormea that have been polluted by the causative agents of SARS. Article 17. Medical institutions and DPC institutions shall, when they find any patient or suspected patient of SARS, take control measures in good time. Article 18. Where there is an outbreak or spread of SARS, the health administrative departments on the county level and above shall report to the local people's government to take corresponding measures according to the provisions of Article 25 of the Law on the Prophylaxis and Treatment of Contagious Diseases. Article 19. Where any DPC institution find any case of SARS or receives any report of SARS, it shall take the following control measures immediately: (1) Arriving at the spot of the case in good time, and investigating and recording those that have close contact with the patient or suspected patient; (2) Conducting epidemiological investigations over those that have close contacts according to relevant provisions, and taking centralized isolation or dispersed isolation according to the specific situation for medical observation purposes; and (3) Taking sanitation measures against the sites and articles that have been polluted by the patient or suspected patient outside of medical institutions. Article 20. Patients or suspected patients and those that have close contacts with them as well as other relevant entities and individuals shall cooperate with the DPC institutions and medical institutions in taking DPC measures. In case anyone refuses to cooperate, public security organs shall provide assistance according to the provisions of Article 44 of the present Measures. Article 21. Where any SARS patient dies, the corpse thereof shall be disposed of by immediate disinfection and on-the-spot cremation according to the relevant provisions of Article 28 of the Law on the Prophylaxis and Control of Contagious Diseases and the Urgent Notice of the MOH and the Ministry of Civil Affairs Regarding the Disposal of the Corpse of SARS Patients and Funeral Activities. Where it is necessary, the medical institutions and DPC institutions may anatomize and examine the corpses. Article 22. Where any patient or suspected patient is found to be on any means of communication and where it requires to take emergency control measures against the frontier ports, entry and exit personnel, means of transportation, goods, containers, luggage, mail parcels, etc., the provisions of Article 38 of the present Measures shall be followed. CHAPTER IV MEDICAL TREATMENT AND CURE Article 23. Local administrative departments of health on the county level and above shall designate medical institutions to be specially responsible for accepting patients and suspected patients, shall designate institutions and vehicles to be specially used for transporting them, and shall formulate rules concerning the safe transfer of patients and suspected patients. The medical institutions that accept patients or suspected patients shall meet the conditions of isolation and disinfection required by the health administrative departments, and shall be equipped with necessary facilities and equipments of cure. The patients and suspected patients shall be cured in isolation. Effective measures shall be taken to avoid cross contamination. Administrative departments of health shall provide necessary support to the construction of specially designated medical institutions. Article 24. Local administrative departments of health on the county level and above shall require the establishment of fever clinics and rooms for isolated observation by designated medical institutions so as to be responsible for accepting suspected fever patients and to apply the system of primary treatment. Where it finds any patient or suspected patient of SARS, it shall take emergency control measures, and report to the DPC institution of the local place. The health centers of the towns and townships shall, as required by the health administrative department on the county level and above, set up rooms for the isolated observation of fever patients. If it finds any suspected fever patient, it shall notify a medical institution on the county level to send professional people for diagnosis or transfer the patient to the medical institution for diagnosis. The local administrative departments of health on the county level shall pay more attention to the restructuring and building of medical treatment and cure facilities of the county-level hospitals and township health centers for contagious diseases. Article 25. All kinds of medical institutions on all levels shall set up Prophylaxis and healthcare organizations or persons to undertake the Prophylaxis, control, and administration of SARS of themselves and responsibility areas. Article 26. A medical institution shall perform the following functions and duties: (1) Reporting the situation of SARS in good time and as things really are; (2) Undertaking the Prophylaxis, diagnosis, and cure of SARS within its responsibility area, improve the quality of service, and enhance the level of medical treatment; (3) Conducting rigid sanitations to the sites and articles polluted by the patients or suspected patients inside the medical institution as well as the excrements thereof; (4) Conducting disinfections to the corpses of the patients or suspected patients that died within the medical institution; (5) Providing professional training to the medical personnel; (6) Disseminating scientific knowledge about the Prophylaxis and treatment of SARS; and (7) Doing other work of Prophylaxis and treatment of SARS according to relevant provisions. Article 27. Medical institutions shall implement the provisions of the MOH concerning the administration of hospital infections and the standards for hospital disinfections, shall take rigid protective measures and use effective articles of protection so as to prevent medical workers from being infected. Medical workers shall enhance their legal consciousness of the Prophylaxis and cure of contagious diseases, accept professional training, abide by the conventions of operation, and protect themselves according to relevant provisions. Article 28. The traveling patients and suspected patients shall be sent to the medical institutions specially designated for accepting and curing patients and suspected patients of the local place according to the principle of on-the-spot isolation, observation, and treatment. Article 29. When accepting patients or suspected patients, medical institutions shall accept them unconditionally and then settlement the accounts. No institution may reject any patient or suspected patient on the ground of medical expenses. Gratuitous medical treatment shall be provided to the SARS patients that are farmers (including farmer workers in urban areas), and the medical treatment expenses incurred therefrom shall be borne by the government, the specific measures for which shall follow the provisions of relevant government departments. Article 30. Medical institutions shall purchase medical protective articles, drugs, and medical appliances according to the channels and measures provided for by the administrative department of health so as to ensure the quality and safety thereof. CHAPTER V SUPERVISION AND ADMINISTRATION Article 31. The MOH shall supervise and guide the Prophylaxis and treatment of SARS within the whole country. The administrative departments of health of the provinces, autonomous regions, and municipalities directly under the Central Government shall supervise and guide the Prophylaxis and treatment of SARS within their respective jurisdictions. Article 32. The sanitation supervision institutions at all levels shall, under the leadership of the administrative department of health, supervise and inspect the following matters: (1) The epidemic situation reports made by medical institutions and DPC institutions; (2) The isolation, disinfection, and protection of medical institutions and stations (offices) for detention and examination, and the disposal of medical wastes; (3) The disinfection of public places; (4) The medical observation of those that have close contact with SARS patients or suspected patients, and the disinfection of infected places; (5) The quality of the disinfection products and protective articles of the producers, business operators, and users; and (6) Other supervision and inspection work provided by law. Article 33. The MOH and the administrative departments of health of all provinces, autonomous regions and municipalities directly under the central government shall set up institutions of leadership and coordination, form groups of experts in Prophylaxis and treatments of SARS, and organize and coordinate technical task forces. The MOH shall formulate the guiding principles and technical specifications for the Prophylaxis and treatment of SARS. Article 34. The local administrative departments of health of the cities which are divided into districts and on higher levels shall arrange for DPC personnel and teams of medical treatment to intensify the control of rural areas and the areas where the SARS situation is serious, provide professional training and technical guidance so as to improve the capacity of the rural areas in controlling the epidemic situation and the level of diagnosis and cure. Article 35. The MOH shall plan, where it is necessary, the health and sanitation resources of the whole country, mobilize medical and health workers to participate in the Prophylaxis and treatment of SARS. The local administrative departments of health on the county level and above shall designate medical institutions within their respective jurisdictions to undertake the Prophylaxis and treatment of SARS, and organize medical and sanitation workers to participate in the Prophylaxis and treatment of SARS. DPC institutions and medical institutions as well as the workers thereof shall obey the deployment of the administrative departments of health. CHAPTER VI PROVISIONS ON PUNISHMENT Article 36. In any of the following circumstances, the local administrative department of health on the county level or above shall be ordered to get right, criticized in circulated notices, or be given warnings by the higher-level administrative department of health, and the major persons-in-charge shall be given the administrative sanction of demotion or removal by relevant departments according to law. In case severe consequences have resulted, such as the propagation and spreading of SARS or other sever consequences have been caused to the general public, they shall be given the administrative sanction of dismissal. If any crime has been constituted, they shall be subject to criminal liabilities: (1) Failing to discharge the duty of report according to relevant provisions, concealing or delaying reports or making false reports, or hinting other people to conceal or delay report or make false reports of SARS; (2) Being remiss in its duties in the Prophylaxis or treatment of SARS, neglecting its duties or being guilty of dereliction of its duties; or (3) failing to cooperate or obstruct or interfere with by any other means the supervision or guidance of the higher-level administrative department of health. Article 37. In any of the following circumstances, a DPC institution or medical institution or any staff thereof shall be ordered by the administrative department of health to get right, be criticized in circulated notices, or be given warnings. Where circumstances are serious, the business license of the medical institution may be canceled, and the major persons-in-charge shall be given the administrative sanction of demotion or removal by relevant departments, and the relevant medical workers shall be given disciplinary sanctions by the entity where he works in or by a higher-level organ, and the license for practice thereof shall be canceled by the administrative department of health on the county level or above. In case severe consequences have resulted, such as the propagation and spreading of SARS or other sever consequences have been caused to the general public, they shall be given the administrative sanction of dismissal. If any crime has been constituted, they shall be subject to criminal liabilities: (1) Failing to discharge the duty of report according to relevant provisions, concealing or delaying reports or making false reports of SARS; (2) Refusing to accept the deployment of the administrative department of health; (3) Failing to take Prophylaxis and treatment measures in good time according to relevant provisions; (4) Refusing to accept any patient or suspected for treatment; or (5) Failing to discharge his duty of monitoring according to relevant provisions. Article 38. In any of the following circumstances, relevant entities or workers thereof shall be ordered to get right by the health administrative department on the county level or above, and may be fined up to 5,000 yuan. If the circumstances are serious, it or he may be fined more than 5,000 yuan but less than 20,000 yuan, and the persons-in-charge or the persons who are held to be directly responsible shall be given administrative punishments by the entity they work in or by other relevant departments. If any crime has been constituted, they shall be subject to criminal liabilities: (1) Failing to disinfect the sewage, filth, and diachormea that have been polluted by the causative agents of SARS according to relevant provisions; (2) Causing hospital-sourced infections, inter-hospital infections, laboratory infections, or the spreading of pathogenic microbes of SARS; (3) Failing to comply with relevant provisions or standards in the production, business management, or use of disinfected products or isolation and protective articles so that contagious diseases might be or have been propagated or spread; (4) Refusing to accept or obstructing or failing to cooperate in on-the-spot investigations, collection of materials, taking samples, supervision, or inspection; (5) Refusing to implement the measures of Prophylaxis or control proposed by the DPC institutions; or (6) Any patient or suspected patient who spreads SARS on purpose and causes the infection of any other people. CHAPTER VII SUPPLEMENTARY PROVISIONS Article 39. The medical and health institutions of the People's Liberation Army and the Armed Forces shall refer to the present Measures by reference when participating in the Prophylaxis and treatment of SARS. Article 40. The present Measures shall be implemented as of the day of promulgation. |
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