AIDS Prevention and Control Act 

   

Chapter I General Provisions 

  

      The first in order to prevent and control the incidence and prevalence of AIDS, protection of human health and public health, according to the Communicable Disease Control Act, the enactment of this Ordinance.

      Adhere to the second AIDS prevention first, combining prevention and treatment guidelines and establish a government organization and leadership, the department duties, the whole society to participate in the mechanism to strengthen publicity and education, behavioral intervention and care assistance to such measures, the implementation of comprehensive prevention and control.

      Article No unit or individual may discriminate against people living with HIV, AIDS patients and their families. HIV, AIDS patients and their families to enjoy marriage, employment, medical care, schooling and other legitimate rights and interests protected by law.

      Article leaders above county level people's government AIDS prevention work, establish and improve AIDS coordination mechanisms and a responsibility system for AIDS prevention work undertaken by the relevant departments examine and supervise.

      People's governments above the county level in accordance with the division of responsibilities and is responsible for supervision and management of AIDS.

      Health department under the State Council in conjunction with other relevant departments of the State Council, the National AIDS Control Program; local people's governments above the county level in accordance with the regulations and the national AIDS plan, formulate and implement the administrative district action plan for AIDS prevention.

      The state shall encourage and support trade unions, Communist Youth League, Women's Federation, Red Cross and other groups to help governments at all levels to carry out AIDS prevention work.

      Residents committees and villagers committees shall assist local governments and relevant government departments to carry out the law on AIDS prevention and control, regulations, policies and knowledge of public education on AIDS prevention and control of the development of public welfare, in AIDS prevention work.

      Article VII of the people's governments at all levels and relevant government departments should take measures to encourage and support the organizations and individuals in accordance with the regulations and the national AIDS plan of action planning and AIDS prevention and control requirements, participation in AIDS prevention, AIDS prevention and control work on donations are susceptible to the HIV risk behaviors among the behavioral intervention, on HIV, AIDS patients and their families to provide care and assistance.

      The state shall encourage and support the implementation of AIDS prevention, diagnosis, treatment and other relevant scientific research, science and technology to improve the level of AIDS prevention and control; to encourage and support the implementation of traditional medicine and traditional medicine and modern medicine combined AIDS clinical treatment and research.

      The state encourages and supports AIDS prevention and control of international cooperation and exchanges.

      Article IX above the county level people's governments and relevant government departments work in AIDS prevention and control have made significant achievements and contributions to the units and individuals, to give recognition and reward.

      Due to work or participate in AIDS prevention and control of HIV infection because of their official duties, and therefore disease, loss of ability or death of persons, in accordance with relevant regulations, subsidies and compensation.

 

Chapter publicity and education

 

      Article Local people's governments at all levels and relevant government departments shall organize and carry out AIDS prevention and care and non-discrimination of HIV infected people, AIDS patients and their families and public education, promote a healthy and civilized lifestyle, to create a good social environment for AIDS prevention .

      Article XI local governments and relevant government departments should be at the station, docks, airports, parks and other public places and transportation of passenger trains and passenger ships engaged in such prominent positions of public transport, set up a fixed post or AIDS AIDS billboard Prevention public service advertising, promotional materials and organizing the issuance AIDS.

      Article XII of the people's governments above the county level health authorities should strengthen publicity and education on AIDS prevention and control work on the relevant departments, organizations and individuals to carry out publicity and education on AIDS to provide technical support.

      Medical and health institutions shall organize the staff to learn about AIDS prevention and control laws, regulations, policies, and knowledge; medical staff to carry out AIDS, sexually transmitted diseases and other related consulting, diagnosis and treatment process, treatment should be carried out by publicity and education on AIDS prevention.

      Article XIII above the county level people's government education authorities shall guide and supervise institutions of higher learning, secondary vocational schools and secondary schools will be included in the course of AIDS prevention knowledge to carry out the relevant extra-curricular educational activities.

      Institutions of higher learning, secondary vocational schools and secondary schools shall organize students knowledge of AIDS prevention.

      Article XIV of the people's governments above the county level population and family planning authorities should make use of family planning publicity and technical service network, organize and conduct publicity and education on AIDS prevention and control.

      Family planning technical service institutions to provide family planning services among child-bearing age and reproductive health services, shall carry out publicity and education on AIDS prevention and control.

      Article XV above the county level people's governments and intermediary service agencies engaged in labor, migrant workers should strengthen publicity and education on AIDS prevention and control.

      Article XVI exit inspection and quarantine agencies shall strengthen AIDS prevention and control entry and exit points of the propaganda and education on immigration officers to provide targeted advice and guidance to AIDS.

      Article XVII Federation of State to encourage and support women, the Red Cross to carry out AIDS prevention and public education, publicity and education of AIDS prevention and treatment of women and children into the work content and improve women's awareness and ability to prevent AIDS, the organization members and Red Cross Red Cross volunteers will carry out publicity and education on AIDS prevention.

      Article XVIII local people's governments and relevant government departments should take measures to encourage and support the organizations and individuals are susceptible to infection risk behaviors among HIV-AIDS prevention and control advice, guidance and public education.

      Article XIX of radio, television, newspapers, Internet and other media should carry out AIDS prevention public service announcement.

      Diershitiao organs, public organizations, enterprises, individual economic organizations shall organize their employees to learn about AIDS prevention and control laws, regulations, policies and knowledge to support AIDS prevention and control of the unit employees involved in publicity and education activities.

      Twenty-one local people's governments above the county level medical and health institutions should be opened in the AIDS telephone consultation service available to the public AIDS prevention and control advisory services and guidance.

 

Chapter III Prevention and Control

 

      AIDS in the twenty-two countries establish a sound monitoring network.

      State health authorities to monitor the development of national AIDS plans and programs. Provinces, autonomous regions and municipalities according to the national health authorities to monitor the planning and AIDS programs, development of AIDS in the administrative district of the monitoring plan and program of work, organization and thematic survey of AIDS surveillance, control the AIDS epidemic changes and trends.

      Responsible for disease control and prevention of AIDS incidence, prevalence and impact of its occurrence, prevalence of factors to carry out monitoring activities.

      Exit inspection and quarantine agencies responsible for immigration officers AIDS surveillance, and monitoring results and timely reports to the health authority.

      Twenty-three countries, the implementation of HIV voluntary counseling and voluntary testing system.

      Local people's governments above the county level health authorities designated medical and health institutions, health department under the State Council in conjunction with other relevant departments of the State Council formulated the HIV voluntary counseling and testing methods for the voluntary HIV counseling, testing and screening to provide advice free of charge detection.

      Twenty-four State health department in conjunction with other relevant departments under the State Council, the prevention, control of AIDS needs, may provide for the case of HIV testing should be conducted.

      Twenty-five people's governments above the provincial level health department in accordance with the layout of medical and health institutions and the AIDS epidemic, according to state regulations take AIDS tests to determine the laboratory.

      Entry-Exit inspection and quarantine agencies in accordance with the provisions of the State health department standards and specifications to determine the commitment to the work of immigration officers AIDS testing laboratories.

      Twenty-six local people's governments above the county level and relevant government departments shall, in accordance with these Regulations, in accordance with the administrative prevalence of HIV, develop measures to encourage and support the residents and villagers committees and other relevant organizations and individuals to promote the prevention of AIDS behavioral intervention measures to help vulnerable people with HIV risk behavior change in behavior.

      Relevant organizations and individuals are susceptible to infection risk behaviors among HIV behavioral interventions implemented, shall comply with the provisions of this Ordinance and the national AIDS planning and AIDS prevention and control action plan requirements.

      Twenty-seventh the people's governments above the county level shall establish AIDS prevention and drug control coordination mechanism, organize relevant departments to implement for the prevention of AIDS among drug users.

      Provinces, autonomous regions and municipalities and health, public security and drug regulatory departments should cooperate, according to the administrative situation of the AIDS epidemic and drug users, and actively and steadily carry out the drug addicts, drug maintenance treatment, and there are plans implementation of other interventions.

      Twenty-eighth the people's governments above the county level of health, population and family planning, industry and commerce, drug supervision and management, quality supervision, inspection and quarantine, radio, film and television, and other departments should be organized to promote the use of condoms, establish and improve condom supply networks.

      Twenty-ninth of the provinces, autonomous regions and municipalities to determine the operators of public places should be placed in a public place or set condoms condoms available facilities.

      The third ten service personnel in public places should be in accordance with "public health regulations," the provisions related to regular health checks, to obtain health certificates; operators should check their health certificates and shall not permit not obtained health certificates to engage in services.

      第三十一条 public security and judicial administrative organs according to law arrest, detention and execution of sentences in prisons and reeducation according to law, compulsory treatment and rehabilitation through labor with HIV and AIDS patients, should take appropriate control measures to prevent AIDS transmission.

      Public security and judicial administrative organs in accordance with the control measures taken by the preceding paragraph, the local people's governments above the county level shall provide financial protection, disease prevention and control should be technical guidance and cooperation.

      Thirty-second 条 of health technicians and the performance of their duties who may be infected with the AIDS virus, health authorities above the county level people's government shall organize relevant departments and other AIDS prevention knowledge and professional skills training, the unit shall take effective health protection measures and health care measures.

      Thirty-third medical and health institutions and the entry-exit inspection and quarantine institutions shall, according to the provisions of the State health authorities, to comply with the standard protection principles, strictly implement the operation management system and disinfection to prevent HIV infection and iatrogenic infection in hospitals.

      Thirty-fourth of disease prevention and control institutions shall, according to the principle of territorial management of HIV infected persons and AIDS patients under medical follow-up.

      第三 fifteen Blood, plasma collection stations should be collected human blood plasma for HIV testing; not to medical institutions and production units supply of blood products without HIV testing or test positive for HIV in human blood plasma.

      Production units of blood products should be expected to vote in the production of source plasma for each plasma before testing for HIV; not test positive for HIV testing or HIV plasma, not feeding as a source plasma production.

      Medical institutions shall the temporary emergency blood due to blood collected for HIV testing, HIV testing of blood for clinical use to verify the results; on without HIV testing, verification or test positive for AIDS, blood, shall not be collected or used.

      第三 sixteen collection or use of human tissues, organs, cells, bone marrow, and HIV testing should be conducted; without HIV testing or test positive for HIV may not be collected or used. However, for AIDS research and teaching excluded.

      Thirty-seventh of imported human blood, plasma, tissues, organs, cells, bone marrow, should be approved by health authorities of the State Council; imported blood products, should be in accordance with the provisions of the Drug Administration Law of the State Council approval of the drug regulatory agency, to obtain the import Drug Registration Certificate.

      Health authorities of the State Council approved the import of human blood, plasma, tissues, organs, cells, bone marrow, Frontier Health and Quarantine shall be in accordance with the laws and administrative regulations of the relevant regulations and accept the quarantine inspection and quarantine authorities. Failed without quarantine or quarantine shall not be imported.

      第三 eighteen HIV-infected persons and AIDS patients should fulfill the following obligations:

      (A) accept or disease prevention and control entry and exit inspection and quarantine institutions epidemiological investigation and guidance;

      (B) the fact that the infection or disease who promptly informed their sexual relationship;

      (C) to the hospital, the infection or disease to truthfully inform the admissions of the fact that a doctor;

      (D) take the necessary protective measures to prevent infecting others.

      HIV-infected persons and AIDS patients in any way intentional spread of AIDS.

      Thirty-ninth of disease prevention and control institutions, and exit inspection and quarantine institutions of AIDS epidemiological investigation, the investigation unit and individual shall truthfully provide relevant information.

      Without himself or his guardian's consent, no unit or individual shall not be disclosed HIV infection, AIDS patients and their families name, address, work units, portraits, history and other possible to infer information on their specific identity.

      Ten people's governments above the county level IV health authorities and exit inspection and quarantine institutions to archive evidence of possible HIV-contaminated items and be examined or disinfected. Upon examination, are HIV-contaminated items should be destroyed or sanitary treatment; of the items have not been contaminated with HIV or can be used after disinfection items, shall release the seal.

 

Chapter IV treatment and relief

 

      第四十一条 medical institutions should be HIV infected persons and AIDS patients, AIDS counseling, diagnostic and treatment services.

      Medical institutions shall not seek treatment for patients infected with HIV or AIDS patients, procrastinate or refuse their treatment of other diseases.

      Forty 条 with confirmed HIV infected persons and AIDS patients, the medical staff of health institutions should be the fact that infection or disease told me; I was no capacity or with limited capacity, it shall inform the guardian.

      Forty medical and health institutions health department under the State Council established PMTCT technical guidance program, the provision of AIDS on maternal counseling and testing, HIV infected pregnant women and their babies, provide HIV prevention mother to child transmission of advice, prenatal guide, block, treatment, postpartum visits, infant follow-up and testing services.

      Forty-fourth the people's governments above the county level shall take the following AIDS care and assistance measures:

      (A) of the urban to rural AIDS patients and AIDS patients with financial difficulties provide free anti-HIV treatment drugs;

      (B) of the economic difficulties of rural and urban areas of HIV infection, AIDS patients appropriate relief against opportunistic infections drugs costs;

      (C) to receive HIV counseling, testing staff provide free advice and screening test;

      (D) to pregnant women infected with HIV PMTCT free treatment and counseling.

      第四 fifteen life difficult for orphans left by AIDS patients and infection with HIV to receive compulsory education for minors, should be free of fees, textbooks; to pre-school and high school education, and other related costs should be remission.

      Forty-sixth local people's governments above the county level shall meet the social assistance living in difficult conditions and HIV infection, AIDS patients and their families living assistance given.

      Forty-seventh above the county level people's governments should create conditions to support the working ability of HIV infected persons and AIDS patients, engaging in production and work within its capacity.

 

Chapter safeguards

 

      Forty-eighth the people's government above the county level shall AIDS into national economic and social development planning, strengthen and improve AIDS prevention, detection, control, treatment and rescue service network and build a sound AIDS prevention and control professionals.

      Governments at all levels shall, according to AIDS prevention and treatment needs, funding for AIDS prevention and control included in the budget level.

      Forty-ninth local people's governments above the county level in accordance with the duties of this level of government responsible for AIDS prevention, control, supervision requirements.

      State health department in conjunction with other relevant departments of the State Council, according to the AIDS epidemic trends, identify national and AIDS-related advocacy, training, monitoring, detection, epidemiological investigation, medical treatment, emergency treatment and supervision and inspection and other projects. The central government of the AIDS epidemic-hit areas and poor areas of major projects for AIDS prevention grant.

      Provinces, autonomous regions and municipalities under the administrative regions of the AIDS prevention needs and trends of the AIDS epidemic, identify and AIDS-related projects, and guarantee implementation of the project funding.

      People's governments above the county level the fifth ten AIDS prevention should be based on needs and trends of the AIDS epidemic, reserve anti-HIV treatment drugs, test kits and other supplies.

      第五十一条 local people's government support measures should be developed, relevant organizations and individuals to carry out AIDS prevention activities, provide the necessary financial support and facilities. Relevant organizations and individuals to participate in AIDS prevention and public welfare undertakings, shall enjoy tax concessions.

 

Chapter VI Legal Liability

 

      Fifty The local people's governments at various levels did not perform in accordance with the provisions of this Ordinance, organization, leadership, protection of AIDS prevention and control duties, or fails to take AIDS prevention and relief measures, the higher people's government shall order rectification notice of criticism; cause the spread of AIDS epidemic or other serious consequences, the responsible manager shall be given administrative sanctions; constitutes a crime shall be prosecuted for criminal liability.

      第 fifty-three above the county level people's government health authorities in violation of the regulations, one of the following circumstances, by the people's government or higher level people's government health department shall order correction, notice of criticism; cause the spread of AIDS, epidemic or other serious consequences , the responsible person in charge and other directly responsible personnel shall be given administrative sanctions; constitutes a crime, shall be prosecuted for criminal liability:

      (A) failing to perform duties of AIDS publicity and education;

      (Ii) there is evidence that HIV may be contaminated items, no control measures;

      (C) other relevant negligent dereliction of duty.

      Exit Inspection and Quarantine under the circumstances stipulated in the preceding paragraph, by the higher authorities will be punished under this article.

      Fifty people's governments above the county level in accordance with the regulations is not relevant to perform public education, prevention and control duties, by the people's government or higher level people's governments shall order a correction, notice of criticism; cause the spread of AIDS, epidemic or other serious consequences , the responsible person in charge and other directly responsible personnel shall be given administrative sanctions; constitutes a crime shall be prosecuted for criminal liability.

      Fifty-fifth medical and health institution fails to comply with the provisions of this Ordinance, perform their duties, one of the following circumstances, the people's governments above the county level health authorities ordered a set period, criticized, and given a warning; cause the spread of AIDS, epidemic or other serious consequences , the responsible person in charge and other directly responsible personnel shall be demoted, dismissed or expelled, and may revoke the responsibility of the relevant institutions or persons practicing license; constitutes a crime, shall be prosecuted for criminal liability:

      (A) failing to perform duties of AIDS Surveillance;

      (B) failing to provide free counseling and screening testing;

      (C) of the blood collected on the interim have not been HIV testing, HIV test results of blood for clinical use have not been verified, or blood test positive for HIV clinical;

   (D) the principle of non-compliance with standards of protection, or does not implement the operation management system and disinfection, the occurrence of HIV infection or iatrogenic infection in the hospital;

      (E) failed to take effective measures for health protection and health care measures;

      (F) excuse, refuse to treat HIV or AIDS and other diseases, or HIV infection, AIDS patients did not provide counseling, diagnostic and treatment services;

      (G) is not on HIV or AIDS patients for medical follow-up;

      (Viii) failing to HIV infected pregnant women and their babies PMTCT technical guidance.

      Exit Inspection and Quarantine of the preceding paragraph (a), subsection (d), (e) provides that the circumstances of its superior department in charge of the preceding paragraph shall be punished.

      Fifty-sixth a medical and health institutions in violation of the second paragraph of Article thirty-ninth regulations and rules, HIV, AIDS patients or their families information, in accordance with the provisions of Communicable Disease Prevention Act shall be punished.

      Entry-exit inspection and quarantine institutions, family planning technical service providers or other entity or individual violates the provisions of the thirty-ninth second paragraph of Article and rules, HIV, AIDS patients or their families information, ordered by higher authorities to correct reprimand, warning, the responsible person in charge and other directly responsible persons shall be punished; the circumstances are serious, the original issuing department shall revoke the relevant institutions or responsible persons practicing license.

      第五 seventeen blood banks, plasma collection stations in violation of the regulations, one of the following circumstances constitute a crime shall be investigated for criminal responsibility; does not constitute a crime, the people's governments above the county level health administrative departments according to law and blood donation "Blood Products Management Regulations" shall be punished; cause the spread of AIDS, epidemic or other serious consequences, the responsible person in charge and other directly responsible personnel shall be demoted, dismissed or expelled, and can revoke the Blood , plasma collection stations in the practice license:

      (A) of the collected human blood, plasma HIV testing is not conducted, or that test positive for HIV in human blood, plasma is still collected;

      (B) to HIV testing without human blood, plasma, or HIV testing positive for human blood, plasma supply blood products to medical institutions and production units.

      Fifty-eighth thirty-sixth in violation of the Ordinance stipulates that collection or use of human tissues, organs, cells, bone marrow, and by the county government health authorities be ordered to correct, reprimand, warning; the circumstances are serious shall be ordered to suspend business for rectification , a practicing license, the original issuing department shall suspend or revoke the license to practice.

      第五 nineteen without the approval of the State Council department in charge of import health human blood, plasma, tissues, organs, cells, bone marrow, import port inspection and quarantine agency shall prohibit the entry or supervised the destruction. Provided, the use of quarantine inspection and quarantine authorities, without the import of human blood, plasma, tissues, organs, cells, bone marrow, and by the people's governments above the county level health authorities confiscate the illegal goods and illegal gains and impose the value of illegal goods 3 to 5 times the amount of fine; the responsible person in charge and other directly responsible persons by their units or the higher authorities shall be punished.

      Without the drug regulatory approval, the imported blood products, in accordance with the provisions of the Drug Administration Law will be punished.

      Sixth ten Blood, plasma collection stations, health institutions and production units of blood products, violation of laws, administrative regulations, resulting in HIV infection to others shall bear civil liability.

      第六十一条 operators of public places, not the health inspection service has not obtained compliance certification or permit compliance certification of personnel engaged in health services, provinces, autonomous regions and municipalities to determine the operators of public places are not placed in public places condoms or condom sale facilities set by the people's government above the county level health authorities ordered a set period, be given a warning and may impose a 500 yuan to 5,000 yuan shall be imposed; overdue correction shall be ordered to suspend business for rectification; if the circumstances are serious, the original issuing agency to revoke its license to practice.

      第六 twelve HIV or AIDS patients who deliberately spread AIDS, he shall bear civil liability; constitute a crime shall be held criminally responsible.

 

Chapter VII Supplementary Provisions

 

      Sixty-third of this Ordinance the following terms:

      AIDS refers to human immunodeficiency virus (HIV) causes Acquired Immune Deficiency Syndrome.

      Drugs for drug addicts maintenance therapy, is the approval of the establishment of drug treatment services in the medical and health institutions, the selection of appropriate drugs, and maintenance therapy for drug addicts to reduce dependence on drugs to reduce injecting drug use cause AIDS virus infection and spread of diseases caused by reducing drug addiction, death and cause of crime.

      Standard protection principles, is the medical staff of all the patient's blood, other body fluids and with blood, other body fluids contaminated with infectious materials are considered pathogenic substances, medical personnel in contact with these substances, must take protective measures.

      Are easily infected with HIV risk behaviors of people, refers to prostitution, prostitution, multiple sexual partners, male homosexual sex, injection drug use and other risk behaviors of the crowd.

      AIDS surveillance, is the continuous, systematic collection of all types of people in the AIDS (or HIV infection) and its related factors in the distribution of information on the comprehensive analysis of these data for the relevant departments to formulate prevention and control strategies and measures to provide timely and reliable information and basis for prevention and control measures and Evaluation.

      HIV testing refers to the use of laboratory methods for human blood, other body fluids, tissues and organs, blood derivatives, such as the AIDS virus, HIV antibody testing and related immune parameters, including monitoring, inspection and quarantine, voluntary counseling and testing, clinical diagnosis, blood and screening of blood products in AIDS testing.

      Behavioral interventions, is effective in reducing the spread of AIDS to a variety of measures, including: for the spread of AIDS through drug use and methadone maintenance treatment and other measures; for the sexual transmission of AIDS through condom promotion measures, and standardized measures to facilitate the diagnosis and treatment of sexually transmitted diseases ; for the mother to child transmission of AIDS antiviral drugs to prevent and fed artificial milk substitutes and other measures; early detection of infection and contribute to risk behavior change, voluntary counseling and testing measures; health education measures; raise awareness and personal norm to reduce risk behavior targeted peer education measures.

      Sixty-fourth of this Ordinance since March 1, 2006 shall come into force. December 26, 1987 by the State Council, January 14, 1988 by the Ministry of Health, Ministry of Foreign Affairs, Ministry of Public Security, the former State Board of Education, the National Tourism Administration, the former Civil Aviation Administration of China, State Administration of Foreign Experts Affairs published "AIDS surveillance management of certain provisions "shall be repealed simultaneously. 


 

Ministry of Health, more regulations：

http://www.moh.gov.cn/publicfiles/business/htmlfiles/zwgkzt/pzcfg/list.htm

http://www.satcm.gov.cn/web2010/zhengwugongkai/zhengcefagui/falvfagui/

http://www.sda.gov.cn/WS01/CL0006/