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PROVISIONS FOR THE MONITORING AND CONTROL OF AIDS

Category  PUBLIC HEALTH AND MEDICINE Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1988-01-14 Effective Date  1988-01-14  

Provisions for the Monitoring and Control of Aids





(Approved by the State Council on December 26, 1987, and promulgated

jointly by the Ministry of Public Health, the Ministry of Foreign Affairs,
the Ministry of Public Security, the State Education Commission, the National
Tourism Administration, the Civil Aviation Administration of China and the
State Bureau of Foreign Expert Affairs on January 14, 1988)

    Article 1  These Provisions are formulated in order to prevent AIDS from
entering, occuring and spreading in China so as to safeguard the health of the
Chinese people.

    Article 2  The objects subject to the monitoring and cotrol of AIDS as
defined in these provisions are:

    (1) victims of AIDS;

    (2) carriers of the AIDS virus;

    (3) suspects of AIDS and those who have close contact with persons as
defined in Items (1) and (2) of this Article;

    (4) blood, hemoproducts, toxicostrain, biological tissue, animals and
other articles that have been contaminated by the AIDS virus or may cause the
spreading of AIDS.

    Article 3  The health administrative departments at all levels shall be in
charge of AIDS monitoring and control within their respective jurisdiction.

    The public security organs, foreign affairs offices, Customs
establishments, tourist agencies, education departments, aviation, railway and
other transportation units as well as all the enterprises, institutions and
social organizations shall help the health administrative departments in
taking precautionary measures against the spread of AIDS.

    Article 4  Upon arrival, any passenger who enters China shall fill in a
health declaration card truthfully, and submit it to the health quarantine
organ for inspection.

    Article 5  When applying for entry visa, any foreign national who plans to
settle down in China or stay (or study) in China for one year or longer is
required to furnish the AIDS Serological Examination Certificate issued by a
public hospital or by a private hospital notarized by the notary office in the
country of origin and the said certificate must be authenticated by the
Chinese Embassy or consulate in that country. The certificate shall remain
valid for six months as of the date of issue.

    Foreign nationals who fail to undergo AIDS serological examination in
their home countries for lack of necessary conditions, must go to a designated
professional health organ for the examination within 20 days after entry.

    Article 6  Those foreign nationals who belong to the categories as defined
in Items (1) and (2) of Article 2 in these Provisions shall be barred from
entering China.

    Those who are not allowed to enter China but have already arrived at a
China border port, must leave the border as soon as possible by the same means
of transport or a means of transport of the country where they reside. If
necessary, China civil air, railways or other transportation departments shall
make arrangements for their departure. Before they leave the border, they must
be placed in isolation by the health quarantine organ at the border port.

    Article 7  Where any foreign nationals who stay in China are found to be
objects as defined in Items (1) and (2) of article 2 in these Provisions, the
local health administrative department may request the public security organ
to order them to leave China without delay.

    Article 8  Chinese citizens who have settled down abroad of have stayed
abroad for over one year (including those Chinese seamen working on foreign
vessels) and who intend to resettle down in China or stay in China for over
one year are required to go to a designated professional health organ for
physical checkup within two months after they return to China.

    Article 9  All units and persons are strictly prohibited from importing or
carrying in any articles as defined in Item (4) of Article 2 in these
Provisions. In the case of necessity, an application must be made to the
Ministry of Public Health for examination and approval.

    Article 10  The AIDS virus strain shall be kept and used by the units
designated by the Ministry of Public Health. Without permission by the
Ministry of Public Health, no unit or person shall be allowed to exchange,
pass on or use the virus strain within China.

    Article 11  Blood and hemoproducts must undergo AIDS antibody virus
monitoring. Carriers of AIDS virus are forbidden to donate their tissue,
organs, blood and seminal fluid.

    Article 12  The health administrative departments in all the provinces,
autonomous regions and municipalities directly under the Central Government
shall organize the monitoring of AIDS. The monitoring work shall mainly cover
the following fields:

    (1) collecting, processing and analyzing information of AIDS incidence;

    (2) carrying out serological examination among the target groups of
people;

    (3) making a survey and analysis of epidemiological factors.

    Article 13  When conducting AIDS serological examination, any syringe used
must be disposable. Other medical equipment must be thoroughly disinfected so
as to guard against iatrogenic infection.

    Article 14  As prescribed by the State, AIDS is an infectious disease that
must be reported.

    Article l5  When carrying out their official duties, if the civil
administration organ, the public security organ and the judicial organs find
any persons susceptible to the spread of AIDS, they must be sent right away to
the health department to undergo AIDS examinations.

    Article 16  Medical units must keep close watch for AIDS cases among the
visiting patients. If any suspect of AIDS is found, the case must be
diagnosed, treated and reported without delay.

    Article 17  Medical workers or health workers of preventive medicine or
medical treatment shall, after making a definite diagnosis of an AIDS case or
deciding on a case of AIDS suspect or a case of AIDS carrier, immediately
report the case to the local health and epidemic prevention organ. The latter
must report the case to the health administrative department at a higher level
within twelve hours.

    If any other people find any suspect of AIDS, it is required that they
report the case immediately to the local prevention, medical or health organ.

    No unit or person may conceal the case from or delay the report of the
case to the organs concerned.

    Article 18  When a health administrative department sends its officers to
make an investigation of AIDS, the units or persons concerned are duty-bound
to provide detailed information about the occurance, spreading, metastasis of
the disease and guarantee that the information is true and complete.

    Article 19  The health administrative department must verify the reported
information without delay. The material reported must include a diagnosis
issued by a designated professional health organ.

    Article 20  The nationwide information about AIDS incidence shall be
released by the Ministry of Public Health.

    Article 21  No unit or person may discriminate against AIDS victims, AIDS
virus carriers or their relatives. No information about the victims such as
their names, addresses, etc. shall be made public.

    Article 22  Every unit or person must follow the precautionary measures
taken by the health department for the purpose of preventing and checking the
incidence of AIDS.

    Article 23  When a hygiene organ, medical treatment organ or health organ
has found a person who belongs to the category of people defined in Item (1)
of Article 2 of these Provisions, it must place the person in isolation and
send him/her to a hospital designated by the health administrative department
for medical treatment.

    Article 24  When a hygiene Organ, medical treatment organ or health organ
has found a person who belongs to the category of people defined in Item (2)
or (3) of Article 2 of these Provisions, some or all of the following measures
must be taken according to the prevention requirements:

    (1) detention for physical checkup;

    (2) restriction on movement;

    (3) medical observation;

    (4) regular or irregular medical visits.

    Article 25  The dead body of an AIDS victim or an AIDS virus carrier must
be cremated locally.

    Article 26  The units or individuals concerned shall, under the
supervision and guidance of the health and prevention organ, exercise
disinfection to the secretion, excretion of AIDS victims or AIDS virus
carriers, and the articles and places, which they have come into contact with
and which might have been contaminated. If necessary, the disinfection shall
be conducted by the health and prevention organ itself.

    Article 27  When the hygiene, medical treatment or health organs perform
their duties as stipulated in Articles 23 and 24 of these Provisions, the
public security organs and other units concerned shall offer assistance.

    Article 28  Any unit or person that has committed any one of the following
acts in violation of the Provisions shall be punished by the health
administrative department in the form of a fine of no less than RMB 50 and no
more than RMB 3,000 and shall be forced to take precaution, treatment and
disinfection measures:

    (1) conceal the case of AIDS and evade examination;

    (2) spread AIDS with awareness that there exist AIDS cases or AIDS virus
carriers;

    (3) withhold from declaring articles brought in at the time of entry as
defined in Item (4) of Article 2 of these Provisions;

    (4) refuse to carry out the precaution and control measures against the
spread of AIDS as defined in Articles 23, 24, 25 and 26 of these Provisions.

    Article 29  For any violation of these Provisions that has resulted in the
spread of AIDS or the danger of spreading AIDS, criminal responsibility shall
be investigated by the judicial organs accorrding to law.

    Article 30  For the purpose of these Provisions, the definitions of the
following terms are:

    (1) "AIDS" means acquired immunity deficiency syndrome.

    (2) "AIDS victim" means a person whose reaction to AIDS virus antibody is
positive and clinically a conditioned infection or malignant tumour is
diagnosed.

    (3) "AIDS virus carrier" means a person whose reaction to AIDS virus
antibody is positive but with no symptoms of AIDS or without enough symptoms
to be diagnosed as AIDS victim.

    (4) "foreign national" means a person who does not have Chinese
nationality as defined in "The Nationality Law of the People's Republic of
China".

    Article 31  A fee shall be charged, according to relevant regulations, for
the service of taking prevention measures and giving medical treatment or
examination.

    Article 32  The right to interpret these Provisions resides in the
Ministry of Public Health.

    Article 33  These Provisions shall go into effect as of the date of
promulgation.



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