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(Promulgated on September 27, 2003 by Decree No. 8 of the
Shanghai Municipal People' s Government)
Chapter I General Provisions
Article 1 (Basis)
These Detailed Rules of Implementation are formulated
in accordance with the "Emergency Regulations on Public Health
Contingencies"
enacted by the State Council and in the light of this
Municipality' s actual circumstances.
Article 2 (Scope of
Application)
These Detailed Rules of Implementation apply to the epidemic
situation of major infectious diseases, diseases with group victims
and unknown
causes, major food poisonings and occupational poisonings as well as other cases
that have severe impact on the health
of the public that break out suddenly and
bring about or may bring about serious harm to the health of the general public
in this
Municipality (hereinafter referred to as public health
contingencies.)
Article 3 (Duties of Governments at All Levels)
The
Municipal People' s Government shall exercise unified leadership over the work of
emergency handling of public health contingencies
in this Municipality.
The
district and county people' s governments are responsible for the work of
emergency handling of public health contingencies
in their respective
administrative areas.
The town and township people' s governments and
sub-district offices are responsible for implementing or assisting in
implementing
all emergency handling measures drawn up by the municipal, district
and county people' s governments and their related departments.
Article 4
(Duties of Administrative Departments)
The Municipal Public Health Bureau and
the district and county public health bureaus shall be specifically responsible
for the work
of organizing the investigation, control and medical treatment and
cure of public health contingencies.
Other relevant departments of the
municipal, district and county people' s governments shall be responsible for
doing well the work
related to the emergency handling of public health
contingencies within the scope of their respective functions and
duties.
Article 5 (Scientific Research, Exchanges and Cooperation)
This
Municipality gives encouragement and support to the launching of scientific
research of technologies related to the monitoring,
early warning and reaction
handling of public health contingencies as well as to the corresponding
exchanges and cooperation at
home and abroad.
Article 6 (Healthcare
Allowances, Commendation and Reward)
This Municipality gives appropriate
subsidies and healthcare allowances to the medical and health personnel who
participate in emergency
handling of public health contingencies, and the other
personnel who conduct on-the-spot handling, and gives commendation and reward
to
personnel who participate and make contributions in emergency handling of public
health contingencies.
Article 7 (Subsidies and Pensions for the Injured and
Deceased)
This Municipality gives appropriate subsidies and pensions, in
accordance with the State' s relevant provisions, to persons who fall
ill, become
handicapped or die due to participation in the emergency handling of public
heath contingencies.
Article 8 (Arrangements of Funds)
The funds needed
for the prevention, preparation for emergency and emergency handling as well as
relevant scientific research of
public health contingencies shall be
incorporated into the annual fiscal budgets of this Municipality' s governments
at all levels.
Chapter II Prevention and Preparation for Emergency
Article 9
(Formulation of Predetermined Scheme of Emergency)
The Municipal People' s
Government shall formulate related predetermined schemes of emergency
respectively for the epidemic situations
of major infectious disease, diseases
with group victims and unknown causes, major food poisonings and occupational
poisonings
as well as other public health contingencies that affect severely the
health of the general public, in accordance with the national
predetermined
scheme of emergency for public health contingencies and in the light of this
Municipality' s actual circumstances,
and make these predetermined schemes public
to society.
The Municipal Public Health Bureau, jointly with the departments
concerned, is responsible for the drafting work of predetermined
scheme of
emergency.
Article 10 (Drills of Predetermined scheme of emergency)
The
municipal, district and county people' s governments may, depending on the needs,
regularly or irregularly organize the departments
concerned to conduct emergency
drills of public health contingencies in accordance with the predetermined
scheme of emergency.
The Municipal Public Health Bureau shall regularly
organize disease prevention and control institutions, sanitary supervision
institutions
and medical institutions to conduct emergency drills of public
health contingencies in accordance with the predetermined scheme
of
emergency.
Article 11 (Revision and Supplement of Predetermined
schemes)
The Municipal Public Health Bureau shall put forward, without delay,
suggestions on revision and supplement of predetermined scheme
of emergency
according to the evaluation results of emergency drills of public health
contingencies and according to changes or
problems found in the implementation
of the predetermined scheme of emergency, and submit these suggestions to the
Municipal People'
s Government for approval.
Article 12 (Monitoring and Early
Warning Systems)
This Municipality shall set up monitoring and early warning
systems for public health contingencies, composed of the municipal, district
and
country disease prevention and control institutions, sanitary supervision
institutions and relevant medical institutions, to
perfect information networks
for monitoring, early warning, reporting, commanding and handling of public
health contingencies.
The municipal, district and county disease prevention
and control institutions and sanitary supervision institutions shall, according
to their respective duties, allocate and perfect corresponding facilities and
equipment to ensure the normal operation of routine
monitoring and early warning
work.
Article 13 (Training of Medical and Health Personnel)
The municipal,
district and county public health bureaus shall regularly conduct training of
medical and health personnel in knowledge
and skills related to emergency
handling of public health contingencies and place such training in the check
content of continuing
education.
Article 14 (Catalogue of Emergency Materials
Reserve)
This Municipality shall set up the system of emergency materials
reserve including medicines, chemical reagents, vaccines, medical
instruments,
rescue equipment and protective articles as required by predetermined scheme of
emergency.
The Municipal Public Health Bureau shall, jointly with the
relevant administrative departments of plan, finance, food and drug supervision,
etc., work out the specific catalogue of materials reserve.
Article 15 (Forms
of Emergency Materials Reserve)
This Municipality makes reserve of emergency
materials in a centralized manner. The relevant departments of the Municipal
People'
s Government shall organize and fulfill relevant materials reserve in
accordance with the catalogue of materials reserve.
Except for materials
that must be stored up in kind, other emergency materials, with their minimum
reserves guaranteed, shall be
stored up by means of technological schemes and
productive capability. Materials stored up in kind must be replaced and
regulated
for use in good time within the quality guarantee period and the
effective period.
For emergency materials stored up in the form of
technological schemes and productive capability, relevant production enterprises
shall immediately set out on production according to the instructions of
relevant government departments after public health contingencies
take
place.
Article 16 (Networks of Emergency Medical Rescue)
This Municipality
shall set up emergency medical rescue networks composed of the municipal,
district and county medical aid institutions,
designated medical institutions of
all types and other relevant units.
The medial aid institutions and the
designated medical institutions shall work out medical rescue schemes in line
with the predetermined
scheme of emergency, allocate corresponding medical
rescue medicines, technologies, equipment and personnel to ensure the on-site
treatment, timely transfer and effective treatment and cure of people who fall
ill or are injured due to public health contingencies.
Article 17 (Social
Education)
The municipal, district and county public health bureaus shall,
jointly with the relevant departments, work out emergency knowledge
education
plans for public health contingencies, and launch education in emergency
knowledge of public heath contingencies for
the general public.
Press,
publication, radio, film, television, culture, education and other related
departments shall, in cooperation with the public
health departments, launch
social education concerning the work of emergency handling of public health
contingencies.
Chapter III Report and Information Release
Article 18 (Persons in Charge of Reporting)
This Municipality adopts the
responsibility system of reporting public health contingencies.
Medical
institutions, sanitary supervision institutions, and disease prevention and
control institutions at all levels and of all
types are units in charge of
reporting public health contingencies.
Units where public health
contingencies take place, units that cause public health contingencies, and
other bodies or units that
have close relation to the public' s heath and
healthcare work are also units in charge of reporting public health
contingencies.
Article 19 (Process and Time Limit of Reporting)
The
reporting of public health contingencies shall be made according to the
following requirements:
Persons in charge of reporting shall report to the
local district/county public health bureau as well as to the Municipal Public
Health Bureau within 2 hours after discovering public health
contingencies;
The district/county public health bureau shall verify the
situation without delay, and report to the people' s government at the
corresponding level, and report at the same time to the Municipal Public Health
Bureau and the Ministry of Public Health within
2 hours after receiving the
report;
The Municipal Public Health Bureau shall report to the Municipal
People' s Government and the Ministry of Public Health within 2
hours after
receiving the report;
The district/county people' s government shall report to
the Municipal People' s Government within 2 hours after receiving the
report;
The Municipal People' s Government shall report to the Ministry of
Public Health within 1 hour after receiving the report.
Article 20 (Form and
Content of Reporting)
The public health contingencies shall be reported in
writing. Under special situation, other forms may be first used for reporting
and then retroactive reports in writing shall be made subsequently.
The
content of report shall include the title or name of the reporter, contact mode,
reporting time, and the time, unit, address,
number of people involved, clinical
symptoms, possible causes, etc., in relation to the occurrence of public health
contingency.
Article 21 (Prohibitive Matters)
As for public health
contingencies, no unit or individual person shall conceal, delay, and falsify
reporting, or incite other people
to concede, delay and falsify
reporting.
Article 22 (Establishment and Publication of Telephones for
Reporting and Informing)
The municipal, district and county public health
bureaus shall set up telephones for reporting and informing public health
contingencies,
which the Municipal Public Health Bureau shall make public to
society in a unified manner.
Article 23 (Release of Information)
The
Municipal Public Health Bureau shall, as prescribed by the law and regulations,
release information on this Municipality' s
public health contingencies to the
general public in a timely, accurate and all-round way.
Article 24
(Notification of Information)
With regard to public health contingencies that
involve or may possibly involve other provinces and municipalities, the
Municipal
Public Health Bureau shall promptly notify the provincial or municipal
public health administrative departments that may possibly
be involved.
The
Municipal Public Health Bureau, upon receiving notification from other provinces
or municipalities of public health contingencies
that involve or may possibly
involve this Municipality, shall promptly report to the Municipal People' s
Government, and notify
the relevant district and county public health bureaus as
well as the disease prevention and control institutions, the sanitary
supervision institutions and the medical institutions.
Chapter IV Emergency Handling
Section 1 General Provisions
Article 25 (Experts Committee)
The Municipal Public Health Bureau shall
organize and set up an experts committee, which shall consist of experts in
clinical medicine,
preventive medicine, sanitary administration, health economy,
urban disaster control, sociology, law and other related fields.
The main
duties of the experts committee are:
(1) to direct the drawing up and
evaluation of predetermined scheme of emergency for public health
contingencies;
(2) to evaluate and forecast public health contingencies and
their trends;
(3) to participate in technical instruction and training of
specialized professionals in emergency handling of public health contingencies;
and
(4) to guide the launching of education in emergency knowledge and
training in emergency skills of public health contingencies for
the general
public.
Article 26 (Suggestion on Starting Predetermined Scheme)
After an
outbreak of public health contingency, the Municipal Public Health Bureau shall
organize relevant specialized technological
institutions for emergency handling
and the experts committee to make a comprehensive assessment, initially judging
the nature
and type of public health contingency and putting forward a
suggestion on whether or not to start predetermined scheme of emergency
to the
Municipal People' s Government.
Under the conditions of clear and definite
nature and type of public health contingencies, the Municipal Public Health
Bureau may
also put forward a suggestion on starting predetermined scheme of
emergency directly to the Municipal People' s Government.
Article 27 (Starting
of Predetermined Schemes)
Where public health contingencies are judged as
general cases, upon suggestion of the Municipal Public Health Bureau and
approval
of the Municipal People' s Government, or in line with requirements of
predetermined scheme of emergency, the district/county people'
s government at
the locality where public health contingencies occur shall organize the
launching of emergency handling work.
Where public health contingencies are
judged as major cases, upon suggestion of the Municipal Public Health Bureau and
approval
of the Municipal People' s Government, the Municipal Public Health
Bureau shall organize and coordinate relevant departments of
the Municipal
People' s Government, district and county people' s governments and their relevant
departments to conduct emergency
handling work.
Where public health
contingencies are judged as extraordinary major cases, upon suggestion of the
Municipal Public Health Bureau,
the Municipal People' s Government shall make a
decision on setting up the municipal emergency handling headquarters and report
to the State Council.
The Municipal People' s Government may also directly
make a decision on starting predetermined scheme of emergency or setting up
the
municipal emergency handling headquarters, in accordance with the nature, type
and urgency degree of public health contingencies
or in line with the
requirements of the State Council.
The classification of public health
contingencies shall be handled in accordance with relevant provisions of the
Ministry of Public
Health.
Article 28 (Investigation and Handling)
The
municipal, district and county disease prevention and control institutions and
sanitary supervision institutions are authorized
to make investigation, collect
samples, conduct technical analysis and tests on the sites of public health
contingencies, and to
give technical guidance for emergency handling of public
health contingencies. Units and individual persons concerned shall cooperate
and
shall not refuse on any ground.
Article 29 (Technical Criteria, Norms and
Control Measures)
After an outbreak of public health contingency, the
municipal, district and county public health bureaus shall strengthen inspection
and supervision over the execution of technical criteria, norms and control
measures related to infectious diseases, diseases with
group victims and unknown
causes, food and occupation poisonings. Where the State' s relevant departments
have not yet set technical
criteria, norms and control measures, the Municipal
Public Health Bureau shall promptly draw up relevant technical criteria, norms
and control measures.
Article 30 (Emergency Medical Treatment and
Cure)
After an outbreak of public health contingency, medical institutions at
all levels and of all types, and their medical staff shall
submit to centralized
command and dispatch, going all out to provide on-site rescue and medical
treatment and cure for people who
fall ill or are injured due to public health
contingencies.
Article 31 (Measures for Public Order Management)
After the
outbreak of public health contingencies, the public security departments shall,
under the leadership of the people' s
governments at all levels or the municipal
emergency handling headquarters, maintain the order at the areas or sites where
public
health contingencies take place, guarantee the unimpeded road traffic for
transporting patients and rescue materials, and shall
do a good job in public
security management of blockaded epidemic-stricken areas of infectious diseases
when the Municipal People'
s Government has decided on proclamation of
epidemic-stricken areas of infectious diseases, according to law.
Article 32
(Production, Supply and Transport of Emergency Materials)
The relevant
departments of the Municipal People' s Government, the district and county
people' s governments and their relevant
departments shall guarantee the
production, supply and transport of medical first-aid equipment, medicines for
treatment and cure,
and medical instruments and other materials needed for
emergency handling of public health contingencies.
Article 33 (Assembly of
Personnel and Materials)
After starting predetermined scheme of emergency,
the municipal emergency handling headquarters are authorized to make an urgent
assembly of personnel, materials, transport means, and relevant facilities and
equipment across the whole Municipality. When authorized
by the Municipal
People' s Government, the Municipal Public Health Bureau may also exercise the
above-mentioned power of making
an urgent assembly of personnel and
materials.
Article 34 (Termination of Emergency Handling State)
After
public health contingencies are removed or put under effective control, the
emergency handling state shall be terminated at
an appropriate time.
The
procedures of terminating an emergency handling state are the same as the
procedures of starting predetermined scheme of emergency.
Section 2 Emergency Handling of Major Infectious Disease Epidemic
Situation
Article 35 (Sampling Test)
After an outbreak of infectious disease
epidemic situation, the municipal, district and county disease prevention and
control institutions
shall collect samples of infectious-disease patients or
suspect patients and suspicious links on site, and immediately conduct emergency
tests and detections.
Article 36 (Epidemiological Investigation)
The
municipal, district and county disease prevention and control institutions shall
make epidemiological investigation of infectious-disease
patients or suspect
patients, determine their close contacts and make sanitary treatment of places
and articles contaminated by
infectious-disease patients or suspect
patients.
Article 37 (Treatment in Isolation)
The medical institutions
shall adopt measures of treatment in isolation for Class-A infectious-disease
patients, or suspect patients
and Class-B infectious-disease patients or suspect
patients that are to be treated necessarily in isolation according to
law.
Article 38 (Medical Observation)
The municipal, district and county
disease prevention and control institutions shall, according to the needs of
emergency handling
of infectious disease epidemic situation, put forward the
adoption of preventive and control measures such as medical observations
for
close contacts to infectious-disease patients.
Article 39 (Cooperation for
Medical Measures)
Infectious-disease patients, suspect patients and close
contacts to infectious-disease patients who are subject to treatment in
isolation and to medical observation measures shall cooperate with disease
prevention and control institutions and medical institutions
in taking medical
measures. On any one who refuses to cooperate, the public security organ shall
assist in making coercive enforcement
according to law.
Article 40
(Preventive Measures)
Disease prevention and control institutions, medical
institutions and institutions engaging in research of pathogenic microorganisms
shall strictly execute the relevant management systems and operating rules set
by the State and this Municipality, and prevent
iatrogenic infection, hospital
infection, laboratory infection and the spread of pathogenic
microorganisms.
Other relevant personnel who join in emergency handling of
infectious disease epidemic situations shall adopt sanitary preventive
measures
and work under the guidance of professional personnel as required by
predetermined scheme of emergency.
Article 41 (Sanitary Supervision and
Management)
The municipal, district and county sanitary supervision
institutions shall strengthen the sanitary supervision and management over
public places and water supply units within the limits of the locality where
there is an infection disease epidemic situation.
Article 42 (Work of
Community Health Service Agencies)
Community health service centers and town
and township hospitals shall assist the disease prevention and control
institutions in
launching the following work:
(1) Registration of
infectious-disease patients or suspect patients in communities or towns and
townships;
(2)Investigation, visit and management of individual cases of
infectious disease; and
(3) Medical observation of close contacts to
infectious-disease patients.
Article 43 (Joining Hands to Prevent and
Control)
After an outbreak of infectious disease epidemic situation, the town
and township people' s governments, and sub-district offices
shall organize
forces, give full play to the role of grass-roots mass autonomous organizations
such as neighborhood' and villagers'
committees, joint hands to prevent and
control, assist public health administrative departments and other relevant
departments
and medical and health institutions to do a good job of the
collection and report of epidemic information, isolation of persons,
and
implementation of public health measures, and the publicizing to the residents
and villagers knowledge related to prevention
and treatment of infectious
diseases.
Article 44 (Emergency Control Measures)
The Municipal People' s
Government or the Municipal Emergency Handling Headquarters may adopt control
measures for food and water
sources as required by emergency handling of
infectious disease epidemic situation; and when necessary, may, according to
law,
restrict or stop the town fairs, gatherings, performances and various other
activities with crowds of people, adopt measures of
stopping work and suspending
business and classes, proclaim epidemic-stricken areas and exercise a blockade
of epidemic-stricken
areas.
Article 45 (Disposal of Discards and
Wastes)
Medical wastes and domestic wastes produced by infectious-disease
patients and suspect patients shall be disposed according to relevant
provisions
set by the State and this Municipality.
Article 46 (Disposal of
Corpse)
Where an infectious-disease patient dies in a medical institution,
the medical institution is responsible for the decontaminating
treatment of the
corpse, and shall immediately take the corpse to the designated site for
cremation; where an infectious-disease
patient dies outside a medical
institution, the district or county disease prevention and control institution
of the location is
responsible for the decontaminating treatment of the corpse
and shall immediately take the corpse to the designated site for
cremation.
When necessary, the medical institution or disease prevention and
control institution, upon approval of the public health administrative
department, may conduct autopsy of the corpse of the infectious-disease patient
or suspect patient.
Section 3 Emergency Handling of Major Food Poisoning Cases
Article 47 (On the Spot Investigation)
After the outbreak of a food
poisoning case, the municipal, district and country sanitary supervision
institutions shall arrive
at the site promptly, investigate and verify the food
poisoning conditions, and conduct epidemiological investigation of food-poisoned
patients, hygienic investigation of food production and operation process, and
sampling tests of suspicious food, production and
operation links, poisoned
patients and food producers and operators.
The municipal, district and
country disease prevention and control institutions shall cooperate with
sanitary supervision institutions
in launching the investigation
work.
Article 48 (Temporary Control Measures)
The municipal, district and
county sanitary supervision institutions may adopt the following temporary
control measures:
(1) Sealing up food and raw materials thereof that cause or
possibly cause the food poisoning;
(2) Sealing up contaminated food
production implements and containers;
(3) Sealing up contaminated and food
poisoning case-related production and operation places; and
(4) Instructing
the food production and operation units to recall the sold food that cause or
possibly cause food poisoning.
Article 49 (Duties of Relevant
Departments)
After the outbreak of a food poisoning case, the public
security, agriculture, commerce, water affairs, education, food and drug
supervision, exit and entry inspection and quarantine and other relevant
functional departments shall, according to duties specified
by predetermined
scheme of emergency, be responsible for or assist in doing well the relevant
emergency handling work.
Article 50 (Obligations of Units Where Food
Poisonings Occur)
Units where food poisoning cases take place shall adopt the
following measures:
(1) Immediately stop eating food that causes or possibly
causes food poisoning;
(2) Assist medical institutions in treating and curing
poisoned patients;
(3) Retain food that causes or possibly causes food
poisoning and its containers; and
(4)Cooperate with disease prevention and
control institutions, sanitary supervision institutions and medical institutions
in conducting
survey, and take charge of carrying out relevant control
measures.
Article 51 (Obligations of Units that Cause Food Poisoning)
Food
production and operation units that cause or possibly cause food poisoning shall
adopt the following measures:
(1) Immediately stop their food production and
operation activities;
(2) Retain the food that cause or possibly cause food
poisoning and its raw materials, implements, equipment and site;
(3)
Cooperate with disease prevention and control institutions, sanitary supervision
institutions and other relevant government
departments in conducting
investigation, and provide relevant materials and samples as things really
are;
(4) Take other measures as may be required by sanitary supervision
institutions and health administrative departments.
Section 4 Emergency Handling of Major Occupational Poisoning Cases
Article 52 (On the Spot Investigation)
After the outbreak of an
occupational poisoning cases, the municipal, district and county disease
prevention and control institutions
and sanitary supervision institutions shall
arrive promptly at the site, investigate and verify the occupational poisoning
conditions,
and conduct investigation of production and operation process, make
on-the-spot investigation and inspection of the production and
operation
environment, and determine the range of impact and degree to provide relevant
information for on-the-spot handling and
medical treatment and cure of poisoned
patients.
Article 53 (Temporary Control Measures)
The municipal, district
and county sanitary supervision institutions may adopt the following temporary
control measures:
(1) Instruct the units where occupational poisoning cases
take place to suspend operations that cause the occupational poisoning
cases;
(2) Organize the control over the sites of occupational poisoning
cases; and
(3) Seal up materials, equipment, tools etc. that cause
occupational poisoning cases.
Article 54 (Duties of Relevant
Departments)
After the outbreak of an occupational poisoning case, the civil
defense, fire prevention, public security, environmental protection,
production
safety supervision and other relevant functional departments shall, according to
the duties specified in predetermined
scheme of emergency, take charge of or
assist in doing well the relevant emergency handling work.
Article 55
(Obligations of Units Where Occupational Poisonings Take Place)
Units where
occupational poisoning cases take place shall adopt the following
measures:
(1) Stop operations that cause occupational poisoning and put the
scene under control to prevent the situation from expanding and
to lower the
degree of damage;
(2) Clear emergency exit passages, evacuate the operating
personnel, and organize the removal of danger;
(3) Keep the scene intact and
retain materials, equipment, tools, etc. that cause the occupational
poisoning;
(4) Organize the treatment and cure, physical check-up, and
medical observation of field operating personnel or other personnel who
suffer
or possibly suffer occupational poisoning harm;
(5) Cooperate with disease
prevention and control institutions, sanitary supervision institutions and
public health administrative
departments in conducting investigation, and
provide the information about the circumstances of the cases and relevant
materials
and samples as things really are; and
(6) Take other measures as
may be required by sanitary supervision institutions and public health
administrative departments.
Section 5 Emergency Handling of Diseases with Group Victims and Unknown
Causes and Other Cases with Severe Impact on The Public'
s Health
Article 56 (Treatment of Diseases with Group Victims and Unknown
Causes)
After the outbreak of diseases with group victims and unknown causes,
the municipal, district and county disease prevention and control
institutions
and sanitary supervision institutions shall conduct emergency handling according
to the following provisions:
(1) With regard to diseases diagnosed initially
as infectious or diseases with infectivity not excluded, corresponding control
measures
may be first adopted in the light of statutory infectious diseases;
and
(2) With regard to those initially diagnosed as poisonings but with
unknown causes, corresponding control measures shall be adopted
according to
provisions concerning poisoning emergency handling in these Detailed Rules of
Implementation.
Article 57 (Handling of Loss of Bacterial and Viral Strains
of Infectious Diseases)
In case of loss of bacterial or viral strains of
infectious diseases, the Municipal Public Health Bureau shall promptly organize
disease prevention and control institutions and sanitary supervision
institutions to investigate the case of loss of bacterial
or viral strains of
infectious diseases, assess the people, areas, scope that are likely to be
affected by the bacterial or viral
strains of infectious diseases, and the
extent of the harm, and adopt emergency control measures.
Where major harmful
consequences are likely to be brought about by the loss of bacterial or viral
strains of infectious diseases,
corresponding control measures shall be adopted
according to the provisions concerning emergency handling of infectious disease
epidemic situation in these Detailed Rules of Implementation.
When necessary,
the Municipal Public Health Bureau may request the public security departments
to assist in investigating the case
of loss of bacterial or viral strains of
infections diseases.
Article 58 (Handling of Other Cases with Severe Impact
on the Public' s Health)
With regard to other cases caused by biological,
chemical, radioactive and other contamination accidents and producing severe
impact
on the public' s health, after investigation, verification and
determination of the nature of the cases, emergency handling work
shall be
conducted according to provisions of relevant laws, rules and regulations as
well as relevant predetermined scheme of
emergency.
Chapter V Legal Liability
Article 59 (Legal Liability for Concealing, Delayed Report, False
Report)
Where the district and county people' s governments, the municipal,
district and county public health administrative departments
and persons in
charge of reporting as specified in these Detailed Rules of Implementation fail
to perform the duty of reporting,
conceal, delay and falsify report on public
health contingencies, or incite other people to conceal, delay and falsify
report,
their chief leading officials or chief persons-in-charge shall be
prosecuted for corresponding legal liability according to the
provision of
Article 45 of the "Emergency Regulations on Public Health
Contingencies."
Article 60 (Legal Liability for Not Completing Material
Production, Supply, Transportation and Reserve)
Where relevant departments
of the Municipal People' s Government, the district and county people' s
governments and their relevant
departments do not complete the production,
supply, transport and reserve of facilities, equipment, medicines, medical
instruments
and other materials needed for emergency handling of public health
contingencies as required by these Detailed Rules of Implementation,
their chief
leading officials or chief persons-in-charge shall be prosecuted for
corresponding legal liability according to the
provision of Article 46 of
the "Emergency Regulations on Public Health Contingencies."
Article 61 (Legal
Liability for Non-Cooperation or Obstruction or Interference in
Investigation)
Where relevant departments of the Municipal People' s
Government, the district and county people' s governments and their relevant
departments do not cooperate with the people' s government or relevant department
at the next higher level, or obstruct and interfere
the investigation in other
forms, their chief leading officials or chief persons-in-charge shall be
prosecuted for corresponding
legal liability according to the provision of
Article 47 of the "Emergency Regulations on Public Health
Contingencies."
Article 62 (Legal Liability for Dereliction, Neglecting Duty,
or Misconduct in Office)
Where the municipal, district and county public
health bureaus and other relevant departments neglect, misconduct, or are
derelict
in, their duties in work of investigation, control and treatment and
cure of public health contingencies, or refuse to perform the
emergency handling
duties as required in these Detailed Rules of Implementation, relevant
departments of the people' s government
at the same level or at the next higher
level shall order a correction, make criticism in circulars, give warnings and
prosecute
the chief persons-in-charge, chief administrative personnel held
liable or other liable persons for corresponding legal liability,
according to
the provisions of Article 48 and Article 49 of the "Emergency Regulations on
Public Health Contingencies." .
Article 63 (Legal Liability for Medical
Institutions' Non-performance of Duties)
Where medical institutions fail to
perform the duties of reporting and monitoring, or to timely take control
measures, or refuse
to admit patients, or to obey the dispatch of the
headquarters for emergency handling of public health contingencies, the public
health administrative department shall order a correction, make criticisms in
circulars, give warnings, revoke the "Practicing
License of Medical Institution" ,
and prosecute the chief persons-in-charge, chief administrative personnel held
reliable or other
persons directly liable for corresponding legal liability
according to the provisions of Article 50 of the "Emergency Regulations
on Public
Health Contingencies." .
Article 64 (Legal Liability for Interference with
Exercising Public Functions)
Where, in emergency handling work of public
health contingencies, relevant units and individual persons obstruct emergency
handling
personnel of public health contingencies in performing their duties,
refuse admission of public health administrative departments
or specialized
technological institutions for emergency handling to the sites of public health
contingencies, or do not cooperate
in investigation, sample collection,
technical analysis and test, relevant persons held liable shall be prosecuted
for corresponding
legal liability according to the provisions of Article 51 of
the "Emergency Regulations on Public Health Contingencies."
Article 65 (Other
Legal Liability)
Where, during the outbreak of public health contingencies,
any person spreads rumors, drives up prices, cheats consumers, and disrupts
social order and market order, such a person shall be prosecuted for
corresponding legal liability according to the provisions
of Article 52 of
the "Emergency Regulations on Public Health Contingencies."
Chapter VI Supplementary Provision
Article 66 (Effective Date)
These Detailed Rules of Implementation shall
become effective on November 1, 2003.
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