General Provisions
Article 1 These regulations are formulated for the purpose of effectively preventing, timely controlling and eliminating the hazards of public ****health emergencies, safeguarding the public's health and life safety, and maintaining normal social order.
Second Article The public **** health emergencies (hereinafter referred to as emergencies) referred to in these regulations, refers to the sudden occurrence of major infectious disease outbreaks, causing or likely to cause serious damage to the public health of the community, the mass of unexplained illnesses, major food and occupational poisoning, as well as other serious impact on the public health of the incident.
Article 3 Upon the occurrence of an emergency, the State Council shall establish a national emergency response command, consisting of the relevant departments of the State Council and the relevant departments of the armed forces, with the competent leader of the State Council acting as the commander-in-chief, and shall be responsible for the unified leadership and command of the national emergency response.
The competent health administrative department of the State Council and other relevant departments shall, within their respective areas of responsibility, do a good job in emergency response to emergencies.
Article 4 After the occurrence of emergencies, the people's governments of provinces, autonomous regions and municipalities directly under the Central Government set up local emergency response headquarters, the main leaders of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government as the commander-in-chief, is responsible for the leadership and command of emergency response work in the administrative region.
Local people's governments at or above the county level, the competent administrative department of health, specifically responsible for organizing the investigation, control and medical treatment of emergencies.
The relevant departments of the local people's governments above the county level, in their respective areas of responsibility for emergency response to emergencies related work.
Article V emergency response work, should follow the prevention-oriented, unremitting policy, the implementation of unified leadership, hierarchical responsibility, timely response, decisive measures, relying on science, and strengthen the principle of cooperation.
Article 6 The people's governments at or above the county level shall organize and carry out scientific research related to the prevention and treatment of emergencies, and establish emergency epidemiological investigations of emergencies, isolation of infectious sources, medical care, on-site treatment, supervision and inspection, monitoring and inspection, health protection and other related materials, equipment, facilities, technology and human resources reserves, and the necessary funds are included in the budget of the government at this level.
The state emergency response to emergencies in remote and impoverished areas to give financial support.
Article 7 The state encourages and supports the development of monitoring, early warning, response and treatment of emergencies related to international exchanges and cooperation in technology.
Article 8 The relevant departments of the State Council and the local people's governments at or above the county level, as well as their relevant departments, shall establish a strict system of responsibility for the prevention of and response to emergencies, and shall effectively fulfill their respective duties to ensure that emergency response to emergencies is carried out normally.
Article 9 The people's governments at or above the county level and their competent administrative departments of health shall give appropriate subsidies and health care allowances to medical and health care personnel participating in the emergency treatment of emergencies; give commendations and rewards to those who have made contributions to the emergency treatment of emergencies; and give appropriate subsidies and pensions to those who have become ill, disabled or died as a result of participating in the work of the emergency treatment in accordance with the relevant provisions of the State. Pension. Prevention and Emergency Preparedness
Article 10 The competent department of health administration under the State Council shall, in accordance with the requirements of categorized guidance and rapid response, formulate a national emergency plan for emergencies and submit it to the State Council for approval.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the national contingency plan for emergencies and in the light of local conditions, formulate contingency plans for emergencies in their own administrative regions.
Article 11 The national contingency plan for emergencies shall include the following main contents:
(1) the composition of the command department for emergency handling of emergencies and the duties of the relevant departments;
(2) monitoring and early warning of emergencies;
(3) the system of collecting, analyzing, reporting, and notification of information on emergencies;
(4) Emergency response technology and monitoring institutions and their tasks;
(v) classification of emergencies and emergency response work program;
(vi) emergency prevention, on-site control, emergency response facilities, equipment, rescue medicines and medical equipment, as well as other materials and technology reserves and scheduling;
(vii) emergency response professional team construction and training (viii) the construction and training of professional teams for emergency response.
Article XII emergency response plan shall be revised and supplemented in a timely manner according to the changes in emergencies and problems found in the implementation.
Article XIII of the local people's governments at all levels shall, in accordance with the provisions of laws and administrative regulations, do a good job in the prevention of infectious diseases and other public **** health work to prevent the occurrence of emergencies.
The competent departments of health administration of the people's governments at or above the county level and other relevant departments shall carry out specialized education for the public on knowledge of emergency response to emergencies, and enhance the awareness of society as a whole of the prevention of emergencies and the ability to cope with them.
Article 14 The state establishes a unified system of prevention and control of emergencies.
Local people's governments above the county level shall establish and improve the monitoring and early warning system for emergencies.
The competent department of health administration of the people's governments at or above the county level shall designate an organization responsible for carrying out the daily monitoring of emergencies and ensuring the normal operation of the monitoring and early warning system.
Article 15 monitoring and early warning work should be based on the type of emergencies, the development of monitoring plans, scientific analysis and comprehensive evaluation of monitoring data. Early detection of potential hazards as well as possible emergencies, should be in accordance with the reporting procedures and time limits specified in these regulations timely report.
Article 16 The relevant departments of the State Council and the local people's governments at or above the county level and their relevant departments shall, in accordance with the requirements of the emergency response plan for emergencies, to ensure that the emergency response facilities, equipment, rescue medicines and medical equipment and other material reserves.
Article 17 The people's governments at and above the county level shall strengthen the construction of emergency medical service network, equipped with appropriate medical treatment drugs, technology, equipment and personnel, to improve the medical and health institutions to deal with various types of emergencies treatment capacity.
The local people's governments at or above the municipal level in the districts shall set up hospitals specializing in infectious diseases that meet the needs of infectious disease prevention and treatment, or designate medical institutions with the conditions and capabilities for infectious disease prevention and treatment to undertake the task of preventing and treating infectious diseases.
Article 18 The competent department of health administration of the local people's government at or above the county level shall regularly train medical and health institutions and personnel in knowledge and skills related to emergency response to emergencies, and regularly organize emergency response drills for medical and health institutions to promote the latest knowledge and advanced technology. Reporting and information dissemination
Article 19 The state establishes an emergency reporting system for emergencies.
The competent department of health administration under the State Council has formulated specifications for emergency reporting of emergencies, and established an information reporting system for major and emergency outbreaks.
In any of the following cases, the people's government of the province, autonomous region or municipality directly under the central government shall, within one hour of receiving the report, report to the competent administrative department of health under the State Council:
(1) the occurrence of, or the possibility of, outbreaks or epidemics of infectious diseases;
(2) the occurrence of, or the discovery of, unexplained mass diseases;
(3) the occurrence of strains of infectious diseases, virus strains are lost;
(d) the occurrence or possible occurrence of major food and occupational poisoning.
The competent health administrative department of the State Council shall immediately report to the State Council on emergencies that may have a significant social impact.
Article 20 The emergency monitoring organizations, medical and health institutions and relevant units found in one of the situations stipulated in Article 19 of these Regulations, shall report to the competent administrative department of health of the people's government of the county where they are located within two hours; the competent administrative department of health that receives the report shall report to the people's government of its own level within two hours, and at the same time report to the competent administrative department of health of the people's government of a higher level and the State Council. The administrative department of health shall also report to the administrative department of health of the people's government at the higher level and the State Council.
The people's government at the county level shall report to the people's government at the municipal level or to the people's government at the next higher level within two hours after receiving the report; the people's government at the municipal level shall report to the people's government of the province, autonomous region or municipality directly under the central government within two hours after receiving the report.
Article 21 Any unit or individual shall not conceal, delay or falsely report an emergency, or authorize others to conceal, delay or falsely report.
Article 22 The local people's government, the health administrative department in accordance with the provisions of this regulation report at the same time, shall immediately organize forces to report matters of investigation and verification, confirmation, take the necessary control measures, and timely report on the investigation.
Article 23 The competent health administrative department of the state council shall, in accordance with the occurrence of emergencies, timely notification to the relevant departments of the state council and the people's governments of the provinces, autonomous regions and municipalities directly under the central government, as well as the relevant departments of the army.
The competent health administrative department of the people's government of the province, autonomous region or municipality directly under the central government where the emergency occurs shall promptly notify the competent health administrative department of the people's government of the adjoining province, autonomous region or municipality directly under the central government.
The province, autonomous region, municipality directly under the Central People's Government of the competent administrative department of health, if necessary, shall promptly notify the administrative region of the medical and health institutions.
The relevant departments of the local people's government at or above the county level, has occurred or found that may cause an emergency situation, shall promptly notify the competent administrative department of health of the people's government at the same level.
Article 24 of the state to establish a reporting system for emergencies, the publication of a unified emergency reporting, reporting telephone.
Any unit or individual has the right to report to the people's government and its relevant departments of the potential for emergencies, the right to report to the people's government at a higher level and its relevant departments of the local people's government and its relevant departments do not fulfill the responsibilities of emergency response, or not in accordance with the provisions of the performance of their duties. Receive the report, the report of the people's government and its relevant departments, shall immediately organize the hidden emergency, or failure to perform or not in accordance with the provisions of the emergency response to perform their duties to investigate and deal with the situation.
The reporting of emergencies meritorious units and individuals, the people's governments at or above the county level and its relevant departments shall be rewarded.
Article 25 of the state to establish an emergency information dissemination system.
The competent health administrative department of the State Council is responsible for the release of information on emergencies to the community. If necessary, the competent health administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government may be authorized to release to the public information on emergencies within its administrative region.
The release of information should be timely, accurate and comprehensive. Emergency response
Article 26 After the occurrence of an emergency, the competent administrative department of health shall organize experts to conduct a comprehensive assessment of the emergency, the preliminary judgment of the type of emergency, and put forward whether to start the emergency response plan recommendations.
Article 27 In the national or across provinces, autonomous regions and municipalities directly under the Central Government to start the national emergency response plan for emergencies, by the State Council, the competent administrative department of the State Council for the approval of the State Council to implement. Provinces, autonomous regions and municipalities directly under the Central Government to start emergency response plan, the people's government of the provinces, autonomous regions and municipalities directly under the Central Government to decide, and report to the State Council.
Article 28 The National Emergency Response Command shall supervise and guide the work of emergency response to emergencies, and local people's governments at all levels and their relevant departments shall cooperate.
Provinces, autonomous regions and municipalities directly under the Central Emergency Response Command of emergency response to emergency response work in the administrative region for supervision and guidance.
Article 29 The competent department of health administration of the people's government at or above the provincial level or other relevant departments designated emergency response to emergencies professional and technical institutions, responsible for the technical investigation of emergencies, corroboration, disposal, control and evaluation work.
Article 30 The competent health administrative department of the state council on the newly discovered infectious disease outbreaks, according to the degree of harm, the intensity of the epidemic, in accordance with the provisions of the "Chinese people's *** and the state of contagious disease prevention and control law" promptly declared as a statutory infectious disease; declared as a category A infectious disease, the state council to decide.
Article 31 Before the emergency plan is activated, the relevant departments of the people's governments at or above the county level shall, in accordance with the actual situation of the emergency, make preparations for emergency treatment and take the necessary emergency measures.
After the emergency plan is activated, the relevant departments of the people's government in the place where the emergency occurs shall, in accordance with the requirements of the duties stipulated in the plan, submit to the unified command of the emergency response headquarters of the emergency response department, immediately arrive at the prescribed post, and take the relevant control measures.
Medical and health institutions, monitoring organizations and scientific research institutions, should be subject to the unified command of the emergency response headquarters, mutual cooperation, collaboration, and focus on relevant scientific research work.
Article 32 After the occurrence of an emergency, the relevant departments of the State Council and the local people's governments at or above the county level and their relevant departments shall ensure the production and supply of medical rescue equipment, rescue medicines, medical devices and other materials required for the emergency treatment of emergencies; and the competent departments in charge of the administration of railroads, transportation, and civil aviation shall ensure the timely delivery of such materials.
Article 33 According to the needs of emergency response to emergencies, emergency response command has the right to emergency mobilization of personnel, reserves of materials, transportation, as well as related facilities and equipment; if necessary, the evacuation or isolation of people, and may be in accordance with the law on the blockade of infectious disease infected areas.
Article 34 The Emergency Response Command may, according to the needs of emergency response to emergencies, take control measures on food and water sources.
The competent administrative department of health of the local people's government at or above the county level shall take control measures on the scene of the emergency, etc., publicize the knowledge of prevention and control of emergencies, and take emergency vaccination, preventive drug administration, group protection and other measures in a timely manner for the susceptible population and other vulnerable population.
Article 35 The staff participating in the emergency response to emergencies shall, in accordance with the provisions of the plan, take health protection measures, and work under the guidance of professionals.
Article 36 The competent department of health administration under the state council or other relevant departments designated by the professional and technical institutions, have the right to enter the scene of emergencies for investigation, sampling, technical analysis and testing, and technical guidance on the emergency response to local emergencies, the relevant units and individuals shall cooperate; no unit or individual shall refuse for any reason.
Article 37 For newly discovered outbreaks of infectious diseases, unexplained mass diseases, and major food and occupational poisoning, the competent administrative department of the State Council shall as soon as possible organize efforts to formulate relevant technical standards, norms and control measures.
Article 38 of the means of transportation found in accordance with the provisions of the competent administrative department of the State Council health need to take emergency control measures of infectious diseases, suspected infectious disease patients, the person in charge of the fastest way to notify the front stop, and to the operator of the transportation unit report. The front stop of the transportation and the operating unit shall immediately report to the administrative department of the operating unit of the transportation and the administrative department of health of the local people's government at or above the county level. After receiving the report, the competent administrative department of health shall immediately organize the relevant personnel to take appropriate medical measures.
The close contacts of patients with infectious diseases on the transportation system shall be controlled by the administrative departments of health of the people's governments at or above the county level where the transportation system stops, or by the administrative departments of railroads, transportation, and civil aviation, in accordance with their respective duties and in accordance with the laws and administrative regulations on the prevention and control of infectious diseases.
Involving the state border ports and entry and exit of people, transportation, goods, containers, baggage, parcels, etc. need to take emergency control measures of infectious diseases, in accordance with the provisions of the state border health quarantine laws and administrative regulations.
Article 39 of the medical and health institutions shall provide medical care and on-site rescue of persons sickened by emergencies, the patient must receive treatment, and write a detailed and complete medical records; the need to transfer the patient, the patient and his/her medical records shall be in accordance with the provisions of the copy of the record transferred to the receiving or designated medical institutions.
Health care institutions should be taken within the health care measures to prevent cross-infection and contamination.
Medical and health institutions should be close contacts of infectious disease patients to take medical observation measures, close contacts of infectious disease patients should cooperate.
Medical institutions admitted patients with infectious diseases, suspected infectious diseases, should be reported to the local disease prevention and control institutions in accordance with the law. Received the report of the disease prevention and control institutions shall immediately investigate the possible hazards of the person, according to the need to take the necessary control measures.
Article 40 of infectious diseases outbreaks, epidemics, streets, townships, and residents' committees, villagers' committees shall organize forces, unity and cooperation, group prevention and control, to assist the competent administrative department of health and other relevant departments, medical and health institutions to do a good job in the collection and reporting of information on the outbreak of the epidemic, dispersal of personnel isolation, the implementation of public **** hygiene measures to residents, villagers, publicize the prevention and treatment of infectious diseases. Relevant knowledge.
Article 41 For infectious disease outbreaks and epidemics in the region of the mobile population, the local people's government at or above the county level where the outbreak occurs shall do a good job of prevention, the implementation of the relevant sanitary control measures; patients with infectious diseases and suspected infectious diseases, should be taken to isolate the local, local observation, local treatment measures. For those in need of treatment and referral, it shall be implemented in accordance with the provisions of the first paragraph of Article 39 of these Regulations.
Article 42 The relevant departments, medical and health institutions should be early detection of infectious diseases, early reporting, early isolation, early treatment, cut off the means of transmission and prevent the spread.
Article 43 The people's governments at or above the county level shall provide the necessary funds to ensure that people who become ill or disabled as a result of an emergency receive timely and effective treatment. Specific measures shall be formulated by the financial department of the State Council, the competent administrative department of health and the competent administrative department of labor security.
Article 44 in an emergency need to accept isolation treatment, medical observation measures for patients, suspected patients and close contacts of patients with infectious diseases in the competent administrative department of health or the relevant agencies to take medical measures shall cooperate; refused to cooperate, the public security organs shall assist in enforcing the law. Legal responsibility
Article 45 of the local people's governments at or above the county level and their health administrative departments do not fulfill their reporting responsibilities in accordance with the provisions of these regulations, the emergencies concealment, delayed reporting, misreporting, or authorize others to conceal, delayed reporting, misreporting, the main leaders of the government and its health administrative departments in charge of the main person in charge of the government, according to law, be given demoted or dismissed from their posts of the administrative sanctions; cause the spread of infectious diseases, epidemic or other serious harm to public health, shall be given the administrative punishment of dismissal; constitutes a crime, shall be investigated for criminal responsibility.
Article 46 If the relevant departments of the State Council, local people's governments at or above the county level and their relevant departments fail to complete the production, supply, transportation and stockpiling of facilities, equipment, medicines and medical devices and other materials required for emergency response to emergencies in accordance with the provisions of these Regulations, the main leaders of the government and the main persons in charge of the government departments shall be given the administrative punishment of demotion or dismissal in accordance with the law; and if the spread or prevalence of an infectious disease or other serious harm to the public health is caused, the main person responsible shall be dismissed; and if a crime is constituted, criminal responsibility shall be pursued. The spread of infectious diseases, epidemics or other serious harm to public health, shall be given the administrative punishment of dismissal; constitutes a crime, shall be investigated for criminal responsibility.
Article 47 If, after the occurrence of an outbreak, the local people's governments at or above the county level and their relevant departments fail to cooperate with the investigations of the relevant departments of the people's governments at the higher level, or if they take other measures to hinder or interfere with the investigations, the main leaders of the government and the main persons in charge of the government departments shall be given administrative sanctions of demotion or dismissal according to the law; and if a crime is constituted, the person in charge of the government department shall be held criminally liable according to the law.
Article 48 If the competent health administrative department of the people's government at or above the county level and other relevant departments are negligent, dereliction of duty, or malfeasance in the investigation, control, and medical treatment of emergencies, the people's government at its own level or the relevant departments of the people's government at a higher level shall order correction, notify the government of the incident, or give it a warning; and shall give administrative punishments of demotion or dismissal to the principal person-in-charge, the competent person in charge of the incident, and the other responsible persons; and shall give criminal punishment according to law. Causing other serious harm to the consequences, shall be given administrative sanctions of dismissal; constitutes a crime, shall be investigated for criminal responsibility.
Article 50 A medical and health institution that engages in any of the following acts shall be ordered by the competent administrative department of health to make corrections, be notified of criticisms, or be given a warning; if the circumstances are serious, the license to practice in a medical institution shall be revoked; and the principal person in charge, supervisory personnel responsible, and other directly responsible personnel shall be given disciplinary sanctions in the form of demotion or dismissal according to law; and causing the spread of infectious diseases, epidemics, or other serious harm to public health, or constituting a criminal offence. Causing other serious harmful consequences, constituting a crime, shall be investigated for criminal responsibility:
(a) Failure to fulfill the reporting duties in accordance with the provisions of these Regulations, concealment, delayed reporting or false reporting;
(b) Failure to take timely control measures in accordance with the provisions of these Regulations;
(c) Failure to carry out the duties of monitoring emergencies in accordance with the provisions of these Regulations;
(D) refuses to receive patients;
(E) refuses to obey the emergency response command dispatch.
Article 51 In the work of emergency response to emergencies, the relevant units and individuals do not fulfill their reporting duties in accordance with the provisions of these Regulations, conceal, delay or falsely report, obstruct the staff of emergency response to emergencies in the performance of their duties, refuse to enter the scene of emergencies designated by the competent department of the State Council department in charge of health administration or other relevant departments of the professional and technical institutions, or do not cooperate with the investigation, sampling, technical analysis and testing, the relevant responsible unit shall be punished. Analysis and testing, the responsible personnel shall be given administrative or disciplinary action according to law; violation of the "Chinese People's Republic of China *** and the State Administration of Public Security Punishment Regulations", constituting a violation of public security management, shall be punished by the public security organs according to law; constitutes a crime, shall be held criminally responsible.
Article 52 During the emergencies, spreading rumors, raising prices, deceiving consumers, disturbing the social order and market order, the public security organs or the administration for industry and commerce shall be given administrative penalties according to law; constitutes a crime, shall be investigated for criminal responsibility. Appendix
Article 53 The People's Liberation Army, the Armed Police Force medical and health institutions involved in emergency response to emergencies, in accordance with the provisions of these Regulations and the relevant provisions of the army.
Article 54 These Regulations shall come into force on the date of promulgation.