Chapter I General Principles
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. Article 2 The public **** health emergencies referred to in these regulations (hereinafter referred to as emergencies), refers to the sudden occurrence of a major infectious disease outbreaks, causing or likely to cause serious damage to public health, mass unexplained diseases, major food and occupational poisoning, and other serious impact on the public health of the event. 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 department of health administration under the State Council and other relevant departments shall do a good job in emergency response to emergencies within their respective scope of responsibilities. 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, and the main leaders of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government act as the commander-in-chief, and are responsible for leading and directing the emergency response work of emergencies in the administrative area. The competent department of health administration of the local people's government at or above the county level is specifically responsible for organizing the investigation, control and medical treatment of emergencies. The relevant departments of the local people's government at or above the county level, in their respective areas of responsibility for emergency response to emergencies related work. Article 5 The emergency response to emergencies, should follow the prevention-oriented, the policy of unremitting preparedness, 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 disposal, supervision and inspection, monitoring and testing, health protection and other related materials, equipment, facilities, technology and human resources reserves, and the necessary funds are included in the financial budget of the government at this level. The state emergency response to emergencies in remote and poor areas to give financial support. Article 7 The state encourages and supports the development of monitoring, early warning, response and handling 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 and their relevant departments shall establish a strict responsibility system for the prevention and emergency response to emergencies, and shall effectively fulfill their respective responsibilities to ensure the normal work of emergency response to emergencies. Article 9 The people's governments at or above the county level and their competent health administrative departments shall give appropriate subsidies and health care allowances to medical and health care personnel participating in emergency response to emergencies; give recognition and rewards to those who have made contributions to emergency response to emergencies; and give appropriate subsidies and pensions to those who have become ill, disabled, or died as a result of their participation in emergency response work in accordance with the relevant provisions of the state.
Chapter II 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 response plan for emergencies and submit it to the State Council for approval. Provinces, autonomous regions, municipalities directly under the Central People's Government in accordance with the national emergency response plan, combined with the local situation, the development of emergency response plan for the administrative region. Article 11 The national emergency plan for emergencies shall include the following main contents: (1) the composition of the emergency response command and the duties of relevant departments; (2) monitoring and early warning of emergencies; (3) the collection, analysis, reporting and notification system of information on emergencies; (4) emergency response technology and monitoring organizations and their tasks; (5) grading and emergency response programs; and (6) emergency prevention programs. (f) prevention, on-site control, emergency facilities, equipment, treatment drugs and medical equipment, and other materials and technology reserves and scheduling; (g) the construction and training of emergency response professional team. Article 12 The emergency response plan shall be revised and supplemented in a timely manner according to the changes of the emergency and the problems found in the implementation. Article 13 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 emergency response knowledge of 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 at or 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 government at or above the county level shall designate an organization responsible for carrying out daily monitoring of emergencies, and ensure the normal operation of the monitoring and early warning system. Article 15 The monitoring and early warning work should be based on the type of emergencies, develop a monitoring plan, scientific analysis and comprehensive evaluation of monitoring data. Early detection of potential hazards and possible emergencies shall be reported in a timely manner in accordance with the reporting procedures and time limits set forth in these Regulations. 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, ensure that the emergency response facilities, equipment, rescue medicines and medical equipment and other material reserves. Article 17 The people's governments at or above the county level shall strengthen the construction of emergency medical service networks, and equip them with appropriate medical treatment drugs, technology, equipment and personnel, so as to improve the treatment capacity of medical and health institutions to deal with all kinds of emergencies. Local people's governments at or above the municipal level 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 carry out training for 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.
Chapter III Reporting and Information Release
Article 19 The state establishes a system for reporting emergencies. The competent department of health administration under the State Council to formulate emergency reporting specifications for emergencies, and establish a major and emergency outbreak information reporting system. One of the following circumstances, the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, within one hour of receipt of the report, report to the competent administrative department of the State Council for health: (1) the occurrence of or the possibility of outbreaks of infectious diseases, epidemics; (2) the occurrence of or the discovery of unexplained mass diseases; (3) the occurrence of infectious disease strains, strains of venom are lost; (4) the occurrence of or the possibility of major food and occupational poisoning incidents. (d) The occurrence or possible occurrence of major food and occupational poisoning. The competent department of health administration under the State Council shall immediately report to the State Council on emergencies that may cause significant social impact. Article 20 The emergency monitoring organizations, medical and health institutions and relevant units shall report to the competent administrative department of health of the people's government at the county level where they are located within two hours of discovering one of the situations stipulated in Article 19 of the present Regulations; the competent administrative department of health receiving the report shall report to the people's government at the present level within two hours and at the same time report to the competent administrative department of health of the people's government at a higher level and to the competent administrative department of health of the State Council. Report. 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 No unit or individual shall conceal, delay or falsely report an emergency, or authorize others to conceal, delay or falsely report. Article 22 The local people's government, the competent administrative department of health in accordance with the provisions of this regulation report at the same time, shall immediately organize forces to investigate and verify the report, confirm, take the necessary control measures, and promptly report the investigation. Article 23 The competent administrative department of health under the State Council shall, in accordance with the occurrence of emergencies, promptly inform the relevant departments of the State Council and the competent administrative department of health of the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government, as well as the relevant departments of the armed forces. 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 competent health administrative department of the people's government of the province, autonomous region, or municipality directly under the central government that receives the notification shall, if necessary, promptly notify the medical and health care institutions in the administrative area. 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 The state to establish an emergency reporting system, published a unified emergency reporting, reporting telephone. Any unit or individual has the right to the people's government and its relevant departments to report potential emergencies, the right to the people's government and its relevant departments to report to the higher people's government 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 reports, reports of the relevant people's government and its relevant departments, should immediately organize the hidden emergencies, do not perform or not in accordance with the provisions of the emergency response to emergency response duties to investigate and deal with the situation. 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 The state to establish an emergency information dissemination system. The State Council department in charge of health administration is responsible for the release of information on emergencies to the community. If necessary, may authorize the competent administrative department of health of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government to release to the public information on emergencies in their administrative regions. The release of information should be timely, accurate and comprehensive.
Chapter IV Emergency Response
Article 26 After the occurrence of an emergency, the competent administrative department of health shall organize experts to carry out a comprehensive assessment of the emergency, make a preliminary judgment on the type of emergency, and put forward a proposal on whether to start the emergency response plan for emergencies. 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, the competent administrative department of the State Council health reported to the State Council for approval and implementation. Provinces, autonomous regions and municipalities directly under the Central Government to start the emergency response plan for emergencies, 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 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 for emergency response to emergencies in their administrative areas 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 professional and technical institutions for emergency treatment of emergencies shall be responsible for the technical investigation, confirmation, disposal, control and evaluation of emergencies. Article 30 The competent health administrative department of the state council on the newly discovered outbreak of infectious diseases, according to the degree of harm, the intensity of the epidemic, in accordance with the provisions of the "Chinese people's *** and the state law on the prevention and control of infectious diseases" promptly declared as a statutory infectious diseases; declared as a category A infectious diseases, 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 of the place where the emergency occurs shall, in accordance with the requirements of the duties stipulated in the plan and subject to the unified command of the Emergency Response Headquarters of the emergency incident, immediately arrive at the stipulated posts 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 administrative departments in charge 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 personnel, and may be in accordance with the law on the infectious disease infected area to implement the blockade. Article 34 The emergency response command may, according to the needs of emergency response, take control measures for food and water sources. The competent department of health administration of the local people's government at or above the county level shall take control measures on the scene of the emergency, 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 people and other vulnerable people. 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 the emergency for investigation, sampling, technical analysis and testing, and technical guidance on the emergency treatment of 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, major food and occupational poisoning, the State Council administrative department in charge of health shall, as soon as possible, organize efforts to formulate relevant technical standards, norms and control measures. Article 38 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 for infectious disease patients, suspected infectious disease patients, the person in charge of the fastest way to notify the front stop, and report to the operator of the means of transportation. The forward stopping point and operating unit of the transportation 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. Close contacts of patients with infectious diseases on the means of transportation shall be controlled by the competent health administrative department of the people's government at or above the county level where the means of transportation stops, or by the competent administrative department of the railroads, transportation, or 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 state border crossings and entry and exit of people, transportation, goods, containers, baggage, parcels, etc. need to take emergency control measures for infectious diseases, in accordance with the provisions of the state border health quarantine laws and administrative regulations. Article 39 The medical and health institutions shall provide medical care and on-site rescue of people sickened by emergencies, the patient must be diagnosed and treated, and write a detailed and complete medical records; patients need to be transferred, should be in accordance with the provisions of the patient and his/her medical records of the copy of the records forwarded to the receiving or designated medical institutions. Hygienic precautions should be taken in healthcare institutions to prevent cross-infection and contamination. Medical and health institutions shall take medical observation measures for close contacts of patients with infectious diseases, and close contacts of patients with infectious diseases shall cooperate. Medical institutions to treat patients with infectious diseases, suspected infectious diseases, should be reported to the local disease prevention and control institutions in accordance with the law. Receive the report of the disease prevention and control institutions shall immediately investigate the possible hazards to the people, according to the need to take the necessary control measures. Article 40 Infectious disease 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 epidemics, dispersal of personnel isolation, the implementation of public **** hygiene measures to residents, villagers, publicity to the prevention and treatment of infectious diseases related to knowledge. Article 41 For infectious disease outbreaks, 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 health 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, the measures 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; refuses to cooperate, the public security organs shall assist in enforcing the law.
Chapter V Legal Liability
Article 45 of the local people's governments at or above the county level and their health administrative departments do not fulfill the reporting duties in accordance with the provisions of these regulations, the outbreak of concealment, delayed reporting, false reporting, or authorize others to concealment, delayed reporting, false reporting, of the government's main leaders and their health administrative departments in charge of the main person in charge of the administrative sanctions according to law, be given to demotion or dismissal If a person causes the spread or epidemic of an infectious disease or other serious harm to public health, he or she shall be given the administrative sanction of dismissal in accordance with the law; if a crime is constituted, he or she shall be held criminally liable in accordance with the law. 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, equipments, medicines and medical devices and other materials required for the emergency treatment of emergencies in accordance with the provisions of these Regulations, the main leaders of the government and the main persons in charge of the governmental departments shall be given administrative punishments in the form of demotion or dismissal according to the law; and if such failure results in the spreading of an infectious disease or an epidemic or causes other serious harm to Cause 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 in accordance with the law; and if a crime is constituted, the person in charge of the government department shall be held criminally responsible according to law. Article 48 Where the competent administrative department of health and other relevant departments of the people's government at or above the county level neglect their duties, neglect their duties, or dereliction of duty in the investigation, control, and medical treatment of an emergency, the people's government at the present level or the relevant department of the people's government at the higher level shall order correction, notify and criticize, or give a warning; and the principal person in charge, the person in charge who is responsible, and the other responsible persons shall be given demotion or dismissal according to law. Administrative sanctions; cause the spread of infectious diseases, epidemic or other serious harm to public health, shall be given the administrative sanction of dismissal; constitutes a crime, shall be investigated for criminal responsibility. Consequences, shall be given the administrative punishment of dismissal; constitutes a crime, shall be investigated for criminal responsibility. Article 50 If a medical and health institution engages in any of the following acts, the competent administrative department of health shall order rectification, notify and criticize the institution, or give it a warning; if the circumstances are serious, it shall revoke the Practice Permit for Medical Institutions; if the principal person in charge, the supervisory personnel who are responsible for the act, and other personnel directly responsible for the act shall be given a demotion or dismissed from their posts according to the law; and if the act results in the spread of an infectious disease, or an epidemic or other serious harmful consequences to public health, and constitutes a crime, it shall be given an administrative punishment of dismissal according to the law. Serious harmful consequences, constituting a crime, shall be investigated for criminal responsibility: (a) failure to comply with the provisions of these Regulations to fulfill the duty of reporting, concealment, delayed reporting or false reporting; (b) failure to take timely control measures in accordance with the provisions of these Regulations; (c) failure to comply with the provisions of these Regulations to carry out the duty of monitoring of emergencies; (d) refusal to receive patients; (e) refusal to comply with the emergency response command of the emergency response headquarters scheduling. (e) Refusing to obey the dispatch of the emergency response headquarters. Article 51 In the work of emergency response to emergencies, the relevant units and individuals not in accordance with the provisions of these Regulations to perform their reporting duties, concealment, delayed reporting or false reporting, obstructing the emergency response to emergencies in the performance of their duties, refusing the State Council competent department in charge of health administration or other relevant departments of the professional and technical institutions designated to enter the scene of the emergency, or do not cooperate with the investigation, sampling, technical analysis and testing, the relevant responsible personnel shall be given administrative sanctions according to law. The relevant responsible personnel shall be given administrative or disciplinary action according to law; violation of the "Chinese People's *** and State Security Administration Punishment Law", constituting a violation of public security management, shall be punished by the public security organs according to law; constitutes a crime, shall be investigated for criminal responsibility. Article 52 During the emergencies, spreading rumors, price hikes, deceiving consumers, disturbing the social order, market order, by the public security organs or the administration for industry and commerce shall be given administrative punishment according to law; constitutes a crime, shall be investigated for criminal responsibility.
Chapter VI Supplementary Provisions
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.