艾滋病防治条例英文版

Decree of the State Council of the People’s Republic of China No. 457 “Regulations on AIDS Prevention and Treatment” adopted at the 122nd Executive Meeting of the State Council on January 18, 2006 are hereby promulgated and shall be effective as of March 1, 2006. Premier: Wen Jiabao January 29, 2006 Regulations on AIDS Prevention and Treatment Chapter I: General Provisions Article 1. These Regulations are formulated in accordance with the law of the PRC on the Prevention and Treatment of Infectious Diseases for the purpose of ensuring human and public health, preventing and controlling the occurrence and epidemic of Acquired Immune Deficiency Syndrome (AIDS). Article 2. Comprehensive measures should be implemented in the prevention and treatment of AIDS. It includes the insistence of the principle of focusing on prevention and integrating prevention with treatment and care, establishing the mechanism of government-led multi-sectoral cooperation responsibilities with strong societal participation, strengthening education and behavioral interventions together with providing care and support services. Article 3. Law protects the legal rights of people living with Human Immune Virus (HIV) and AIDS patients and their relatives. It includes the rights of marriage, employment, assessment of medical treatment and education. Any institute or individual shall not discriminate the people living with HIV, AIDS patients and their relatives. Article 4. The people’s governments at or above the county level shall be responsible for the leadership of AIDS prevention and treatment, the establishment and improvement of cooperative working mechanism with respective duties, and the supervision of works of relevant departments in AIDS prevention and treatment. Relevant departments of the people’s government at or above county level shall be responsible for the supervision and administration of the implementation of AIDS prevention and treatment according to their respective function and duties. 1 Article 5. The competent health administrative department of the State Council, jointly with other relevant departments of the State Council, formulate the national program for AIDS prevention and treatment; The local people’s governments at or above the level of county formulate and organize the implementation of the working plan on AIDS prevention and treatment within their respective administrative-zones, according to These Regulations and the national program for AIDS prevention and treatment. Article 6. National government encourages and supports the people association of Trade Union, Communist Youth League, Women’s Federation, and Red-cross Society etc. to take cooperative activities for AIDS prevention and treatment with various levels of people’s governments. Residents Committee and Villagers Committee shall help various local governments and relevant departments of the government in educating relevant law/regulation, policy and knowledge of AIDS prevention and control, and developing supportive civil activities and implementing works for AIDS prevention and treatment. Article 7. People’s governments at various levels and relevant departments of the people’s government shall take measures to encourage and support relevant organizations and individuals, in accordance with These Regulations and the national program for AIDS prevention and treatment and the working plan on AIDS prevention and treatment, to participate and to provide donation to the works in AIDS prevention and treatment, to carry out behavioral interventions for HIV infection vulnerable groups with high-risk behaviors, to provide care and supports to the people living with HIV, AIDS patients and their relatives. Article 8. National government encourages and supports the development of scientific researches in AIDS prevention, diagnosis, and treatment; the improvement of science-technical level of AIDS prevention and control; encourages and supports the development of traditional medicine and tradition-modern combined medicine in AIDS clinical treatment and researches. National government encourages and supports the development of international co-operations and communications in AIDS prevention and treatment. Article 9. The people’s governments and the relevant departments of the people’s government at or above the county level shall give commend and reward for the organizations and individuals who have made outstanding achievement in AIDS prevention and treatment. For the people infected, suffered diseases, disabled or died due to participate AIDS prevention and control or during the implementation of their public duties, the people’s governments and the relevant departments of the people’s government at or above the county level shall give subsidy, relief in accordance with relevant regulations. 2 Chapter II: Education and Communication Article 10. The people’s governments and the relevant departments of the people’s government at various levels shall organize and develop education and care for, and shall not discriminate, people living with HIV and AIDS patients and their relatives. The people’s governments and the relevant departments of the people’s government at various levels shall advocate health and civilized life-style, shall build well-supportive social environment for AIDS prevention and treatment. Article 11. The people’s governments and the relevant departments of the people’s government at various levels shall organize the distribution of educational materials, set up fixed or posted significant non-commercial advertisement on AIDS prevention and treatment in the public locations such as transportation stations, ship-ports, air-ports, public parks, and public transportation tools (trains and ships etc). Article 12. The competent health administrative department of the people’s governments at or above the county level shall strengthen the education and communication on AIDS prevention and treatment, and provide technical support to relevant departments, organizations and individuals in education and communication of AIDS prevention and treatment. Medical care and health institutes shall organize their staffs to learn relevant law and regulations, policies and knowledge about AIDS prevention and treatment; medical professionals shall carry out educational communications to their patients about AIDS prevention and treatment when they work during the process of diagnosis, treatment and counseling for patients related to AIDS or Sexual Transmitted Diseases (STDs). Article 13. The competent educational administrative department of the people’s governments at or above the county level shall supervise and monitor the educational activities on AIDS prevention and treatment, including in-class educational courses and out-class educational activities, in universities, colleges, multi-technical schools, and middle schools. Universities, colleges, multi-technical schools and middle schools shall organize their students to learn relevant knowledge about AIDS prevention and treatment. Article 14. The competent population and family planning administrative department of the people’s governments at or above the county level shall use their network on communication and technical services to organize educational communication on AIDS prevention and treatment. Institutes of technical services in family planning shall provide education activities for the people of child-bearing age when they provide their technical services in family-planning and production health to these people. Article 15. Relevant departments of the people’s governments at or above the county level, and agencies in labor-employment services shall strengthen AIDS education and communication for the people of floating population from rural area to urban cities. 3 Article 16. Agencies in Customs Inspection and Quarantine shall strengthen AIDS education and communication, and provide AIDS related supervision and counseling to the people in their service-ports. Article 17. National government encourages and supports Women’s Federation, and Red-cross Society to take educational communication on AIDS prevention and treatment into their working contents for women and children, to empower women in their health literacy and capacity, and to organize their volunteer-members to participate AIDS education and communication Article 18. Local people’s governments and the relevant departments of the people’s government at various levels shall take measures, encourage and support relevant organizations and individuals to carry out educational communication, counseling and supervision on AIDS prevention and treatment to the HIV infection vulnerable groups with high-risk behaviors. Article 19. Mass-media, including radio, television, press and internet, shall provide non-commercial communication on AIDS prevention and treatment. Article 20. Institutes, associations, profit and non-profit organizations, individual profit-organizations shall organize their staffs to learn AIDS related law, regulations, policies and knowledge; shall support their staffs to participate AIDS educational communication. Article 21. Local people’s governments at or above the county level shall provide public counseling phone-services on AIDS prevention and treatment in institutes of health and medicine care. Chapter III: Prevention and Control Article 22. Establish and improve the National AIDS Surveillance Network The competent Health Department of the State Council formulates the National AIDS Surveillance Program and Plan. The competent Health departments of the Provinces, Autonomous Regions, and Municipalities formulate AIDS surveillance implementation and working-plan within their administrative regions, according to the National AIDS Surveillance Program and Plan, organize specific surveys on development of AIDS surveillance in order to understand the epidemical changes and trend. Agencies of diseases prevention and control are responsible for surveillance activities to understand AIDS incidence and epidemic and factors influencing the AIDS incidence and epidemic. Agencies of Customs Inspection and Quarantine are responsible for AIDS surveillance in people through their ports, and report their results to the competent health department timely. Article 23. Voluntary system on AIDS counseling and testing shall be implemented 4 national-wide. The competent health department of local people’s governments at or above the county level shall point agencies of health and medicine to implement the voluntary counseling and primary-testing in all peoples who voluntarily coming for counseling and testing, in accordance with the formulated AIDS voluntary counseling and testing method by the competent health department of the State Council in co-operation with other relevant departments of the State Council. Article 24. The competent health department of the State Council in co-operation with other relevant departments of the State Council, in accordance with the needs of AIDS prevention and control, may establish the special conditions under which AIDS tests shall be carried out. Article 25. The competent health departments of the province or above, people’s governments identify the labs for implementing the nationally required AIDS testing, in accordance with the distribution of medical-health agencies and the epidemic of AIDS. National Customs Inspection and Quarantine agencies shall identify the labs for implementing the AIDS tests of people through their ports, in accordance with the criteria and practice formulated by the competent health department of the State Council. Article 26. The local people’s governments and the relevant departments of the people’s government at county level or above, in accordance with These Regulations and the AIDS epidemic situations within their administrative regions, shall take measures, encourage and support residents committee and villagers committee and other organizations and individuals to promote behavioral intervention for AIDS prevention, and to help the HIV infection vulnerable groups with high-risk behaviors change their high-risk behaviors. Relevant organizations and individuals, when they take behavioral interventions in the HIV infection vulnerable groups with high-risk behaviors, shall be in accordance with These Regulations and the requirements of the national AIDS prevention and treatment program and working plan. Article 27. The people’s governments at the county level or above shall establish the coordination mechanism in their AIDS prevention and treatment as well as the works of anti-drug abusing, organize relevant departments to implement the measures of AIDS prevention and treatment for drug-abusers. The departments of Health, Public Security and Drug Administration of the people’s governments in Provinces, Autonomous Regions, and Municipalities shall support each others, in accordance with the situations of AIDS epidemic and drug-abusers within their administrative regions, to take active and well-prepared measures in the implementation of Drug-maintenance treatment for drug-abusers, and other planned interventions. Article 28. The departments of health, population and family planning, industry and commerce, drug administration, quality supervision, inspection and quarantine, Radio, film, and television etc. of the people’s governments at the county level or above shall organize the promotion of condom use, shall establish and improve the supply network of condom 5 Article 29 The public location mangers, identified by the people’s governments of Provinces, Autonomous Regions, and Municipalities, shall put condom vending machines or other tools for condom distribution in their locations. Article 30. The servants of public locations shall take regularly health-check-up and get health-certification, in accordance with the requirements of regulations on public health administration; the managers shall exam the health certification of their servants. Servant without the health certification can not carry out the work of the services. Article 31. The administrative agencies in public security and justice shall take proper preventive and treatment measures to HIV positives and AIDS patients among prisoners and others who under their custody, in preventing the spread of AIDS. Local people’s governments at the county level or above shall provide financial assurance to the administrative agencies in public security and justice for carrying out these preventive and treatment measures specified in this article. Agencies of diseases control and prevention shall provide the technical supports and helps. Article 32. The competent health department and other relevant department of the people’s governments at the county level or above shall take the trainings on knowledge and skills necessary in AIDS prevention and treatment for health professionals or others who may be infected by HIV during their business works; relevant institutes shall take effective measures in health protection and medical care. Article 33. Medical care and health institutes, Customs and Inspection and Quarantine shall take the standard precautions in their operational practice and dis-infection measures, in accordance with the requirement of the competent health department of the State Council to prevent the hospital acquired HIV infections and other iatrogenic infections. Article 34. Agencies of diseases control and prevention shall carry out medical follow-up for HIV positives and AIDS patients in accordance with the principle of regional administration. Article 35. Blood and single plasma collection stations shall test all human blood and plasma collected; shall not provide human blood or plasma, either without HIV test or with the result of HIV positive, to medical institute and blood-product manufacturer. Blood-product manufacturer shall perform the HIV test for each of the plasma before it used as raw materials in the blood-product manufacturing; plasma, either without HIV test or with the result of HIV positive, shall not be used as raw materials in the manufacturing. Medical institute shall perform HIV test for each of the blood used in emergency room, shall check the HIV test for each of the blood used in clinics; blood, either without HIV test being checked or with the result of HIV positive, shall not be collected or used. Article 36. Human tissue, organ, cell, bone-marrow etc. shall be HIV-tested; these materials, either without HIV testing or with the result of HIV positive, shall not be collected or used, unless these used for research or training of AIDS prevention and treatment. 6 Article 37. Imported human blood, plasma, tissue, organ, cell, bone-marrow etc. shall be approved by the competent health department of the State Council; imported blood-product shall be approved by drug-administrative department of the State Council and obtained imported drug certification, in accordance with the law of drug administration. Approved, by the competent health department of the State Council, imported human blood, plasma, tissue, organ, cell, bone-marrow etc shall be inspected by the agency of quality supervision, inspection and quarantine, in accordance with the law of health quarantine and administrative regulations. These, without quarantine or with the negative quarantine result, shall not be imported. Article 38. People with HIV positive and AIDS patient shall perform the following obligations: (1) Accept epidemiological investigation and direction of agencies of diseases control and prevention or inspection/quarantine; (2) Inform the fact of being infected or suffering the disease to their sexual partner in time; (3) Inform the fact of being infected or suffering the disease to their medical doctor when they come to see the doctor; (4) Take necessary precaution measures to prevent others being infected. People with HIV positive and AIDS patient shall not, on purpose, spread the infection to others by any means. Article 39. When the agencies of diseases control and prevention, and inspection/quarantine carry out AIDS epidemiological investigation, the institute or individual being investigated shall provide relevant facts. Any institute or individual shall not release the information that may be used to identify HIV positive, AIDS patient and their relatives, such their name, address, working institute, picture, medical history etc. Article 40. The competent health department and the agency of inspection/quarantine of the people’s government at the county level or above may seal, test and disinfect the items with evidence suggesting the items may be contaminated by HIV. Items being tested as being HIV contaminated shall be destroyed or health-treated; items being tested as not being HIV contaminated or after being disinfected shall release the seal in time. Chapter IV: Treatment and Succor Article 41. Medical care institutions shall provide services of counseling, diagnosis and treatment to HIV positives and AIDS patients. Medical care institutions shall not reject or make excuse to HIV positives or AIDS patients in treating their other diseases. 7 Article 42. Staff in medical care and health institutions shall inform the person who is diagnosed as HIV positive or AIDS patient; when the person has non-behavioral capacity or limited behavioral capacity, medical staff shall inform the fact to their guardian. Articl