(Promulgated by DecreeNo. 10 in 2004) 1 1 March of the Ministry of Health 1 1)
Chapter I General Provisions
Article 1 These Detailed Rules are formulated in accordance with the Regulations on Hygiene Management in Public Places (hereinafter referred to as the Regulations) issued by the State Council on April 1987.
Article 2 The health administrative departments at all levels and the health functional departments of the ministries, commissions and bureaus of the State Council shall strengthen the leadership over the health and epidemic prevention institutions, improve the health and epidemic prevention institutions, and enrich the health technical equipment and personnel in public places.
Article 3 The health and epidemic prevention institutions under the health administrative departments of governments at all levels shall exercise health supervision over public places within their jurisdiction.
Health supervision of frontier ports and entry-exit vehicles shall be carried out in accordance with the provisions of the Frontier Health and Quarantine Law of People's Republic of China (PRC) and its detailed rules for implementation. The health and epidemic prevention institutions affiliated to civil aviation, railways, transportation, factories (fields) and mines are responsible for health supervision of public places such as airports, stations, wharf waiting rooms within their jurisdiction, domestic civil aviation passenger planes, railway buses and passenger ships, and public places mainly serving employees of this system, and accept the professional guidance of local health and epidemic prevention institutions at or above the municipal level, mainly for health supervision of public places and unsanitary places operated outside this system. The local health and epidemic prevention institutions shall be responsible for the supervision of public places where the military, schools and other systems are open to the public.
Chapter II Health Management
Article 4 Health and epidemic prevention institutions shall be responsible for supervising and guiding business units in public places to train and assess their employees on health knowledge, while local health and epidemic prevention institutions shall be responsible for training and assessing individual operators.
Specific requirements for training:
(a) health and epidemic prevention institutions according to the national "public places practitioners health knowledge training program" to prepare teaching materials;
(two) the person in charge of public health and employees must complete the training hours specified in the syllabus, and master the relevant health laws and regulations, basic health knowledge and basic health operation skills specified in the syllabus;
(three) the health and epidemic prevention institutions shall supervise and examine the training of trainees, and affix the examination seal on the Health Certificate for those who pass the examination.
New employees should obtain health knowledge certificate before taking up their posts;
(4) Employees are retrained once every two years.
Article 5 Provisions on health examination of employees in public places:
(1) Employees (including temporary workers) who directly serve customers in hotels, cafes, bars, teahouses, public bathrooms, barbershops, beauty salons and swimming pools (gyms) shall have a health check-up once a year, and employees who directly serve customers in other places shall have a health check-up once every two years before they can continue to work.
New employees must obtain a "health certificate" before taking up their posts.
The health examination of employees engaged in food business in public places shall be carried out in accordance with the relevant provisions of the Food Hygiene Law (Trial).
Patients with suspected infectious diseases must undergo health examination at any time to make a clear diagnosis.
(two) the competent department in public places is responsible for the organization, supervision and inspection of health examination. Business units shall submit a list of persons who should undergo health examination to the local health and epidemic prevention institutions every year, and according to the results of health examination, the persons suffering from diseases and other infectious diseases as stipulated in Article 7 of the Regulations shall be transferred from their posts that directly serve customers.
(three) health administrative departments at all levels designated medical and health units to undertake health examination. Health examination should be unified requirements, unified standards, carefully recorded, the establishment of files. Medical and health units shall issue a health examination result report to the inspected unit within two weeks of health examination, and those who pass the examination shall be issued a "Health Certificate" by the health and epidemic prevention institution.
(4) The Health Certificate shall not be altered, transferred, resold or forged.
(five) the health examination items shall be implemented according to the relevant preventive medical examination management measures issued by the Ministry of Health.
Article 6 Health management standards for diseases stipulated in Article 7 of the Regulations:
(1) After systematic treatment, the patients with viral hepatitis basically recovered (the main symptoms disappeared, there was no obvious tenderness and swelling in the liver area, the liver function was normal, and hepatitis B surface antigen was negative) and could return to their original jobs. The liver function of patients with hepatitis B returned to normal, but the HBsAg was positive. After six months of observation, there is no deterioration, and you can return to your original job.
Hepatitis B virus carriers who are positive for E antigen may not engage in hairdressing and beauty industry or public bathroom industry to directly serve customers.
(2) The clinical symptoms and signs of dysentery (including amebic dysentery and bacillary dysentery) disappear after treatment, and the stool culture is negative. If the stool culture is negative for three times within two weeks after stopping the drug, the original work can be resumed.
(three) the clinical symptoms and signs of typhoid fever disappear, and the stool culture is negative for three times, and they can engage in work that does not directly serve customers. After observation by the health and epidemic prevention institutions, those who are negative for two consecutive stool examination trainings in the second year can engage in the work of directly serving customers.
(4) Active pulmonary tuberculosis Active pulmonary tuberculosis and sputum bacteria carriers should be treated in isolation, with negative sputum culture or negative sputum smear twice within one week, and the original work can be resumed after clinical cure.
(five) patients with purulent skin diseases, exudative skin diseases and skin diseases exposed to infectious diseases shall not engage in the work of directly serving customers before being cured, and can resume their original work after being cured.
(six) other diseases (severe trachoma, acute hemorrhagic conjunctivitis, sexually transmitted diseases, etc.). ) those who hinder public health can only engage in the original work after being cured.
Seventh "health permit" issued management regulations:
(1) The Health Permit shall be issued by the health administrative department at or above the county level, and the health and epidemic prevention institutions at all levels shall be responsible for the issuance and management.
The functional departments of civil aviation, railways, transportation, factories (fields) and mines are responsible for issuing the Hygiene Permit in public places such as airports, railway stations, wharf waiting rooms, and public places such as domestic civil aviation passenger planes, railway buses and passenger ships mainly serving the employees of this system.
(two) the health and epidemic prevention institutions to review and monitor the main health indicators meet the health requirements, more than 80% of employees who directly serve customers can obtain the "health permit".
(three) only one copy of the "Health Permit" is issued to the unit that operates a variety of public places, and the items it concurrently runs are indicated. If it is necessary to cancel one of the business projects due to violation of the law, the cancellation seal shall be affixed to the corresponding position of the Health Permit. Units whose business projects have been cancelled may, after passing the health supervision and monitoring, apply for resuming the cancelled business projects and issue new certificates.
(four) the "health permit" issuance procedures:
(1) The unit applying for the Hygiene Permit shall go to the health and epidemic prevention institution to receive and fill in the Application Form for Hygiene Permit in Public Places, and send it to the health and epidemic prevention institution after being audited by the competent department.
(2) The health and epidemic prevention institutions shall assign health supervisors to conduct examination and monitoring according to the health standards and requirements, and issue a Health Permit issued by the administrative department of health to those who meet the requirements. Review and monitoring data should be filed for future reference.
(five) new construction, expansion, renovation of public places or change of business projects should be in accordance with the above procedures to apply for a "health permit".
(6) The Hygiene Permit is reviewed every two years. During the audit, the business unit shall fill in the audit registration form, and affix the "audit seal" on the audit registration form after the audit monitoring. If the "audit seal" is not stamped within three months, the original "Health Permit" will automatically become invalid.
(seven) the "health permit" should be filled in with a pen, and the handwriting is clear. The name of the unit should be written in full. The Hygiene Permit should be hung in a conspicuous place for supervision and inspection. The Health Permit shall not be altered, transferred, resold or forged.
(eight) the business units of public places that apply for business should take improvement measures. After inspection and monitoring by the health and epidemic prevention institutions, it is determined that they do not meet the hygiene requirements, and after reaching the hygiene requirements, they will be issued a Hygiene Permit.
The administrative department of health shall, within two months from the day after the health and epidemic prevention institution receives the application for the hygiene license in public places, issue the hygiene license to those who pass the examination.
(9) Those who lose the Hygiene Permit shall report the loss to the issuing authority in time and reissue it, and the closed unit shall cancel the Hygiene Permit at the issuing authority.
Eighth business units and individuals in public places need to prevent health accidents.
Ninth public health accident reporting system.
(a) Scope of the report:
(1) Collapse shock caused by microclimate or air quality failing to meet hygiene standards;
(2) Epidemic and poisoning of water-borne infectious diseases caused by drinking water pollution or domestic drinking water pollution;
(3) Infectious diseases and dermatoses caused by pollution of public appliances, water and sanitation facilities;
(4) Poisoning caused by accidents, such as carbon monoxide, ammonia, chlorine, disinfection pesticides, etc.
(two) the person responsible for the accident report is the person in charge of the business unit and the person in charge of health, and other personnel are also obliged to report.
(III) When a fatal accident or three or more victims occur at the same time, the person responsible for the accident report shall report to the local health and epidemic prevention institution by telephone within 24 hours after the accident, and domestic business units such as civil aviation, railways, transportation, factories (fields) and mines shall also report to the health and epidemic prevention institution of this system, immediately report to the competent department, and report to the public security department when necessary (such as major accidents and suspicious criminal cases).
(4) After receiving the report, the health and epidemic prevention institution shall, within 24 hours, jointly with the relevant personnel, conduct an investigation, and within one week, write the investigation results and handling opinions into a Report on the Site Investigation of Health Accidents in Public Places, and submit it to the health administrative department at the same level, the health and epidemic prevention institution at a higher level, the competent department of the accident unit and the accident unit, and establish files.
Article 10 "Proper handling" in Article 9 of the Regulations includes rescuing the victim from the scene and sending the patient to a medical institution quickly to prevent the accident from happening again. Ensure that the scope of harm does not expand and the environment does not continue to deteriorate, and protect the site without affecting the above conditions.
Chapter III Health Supervision
Eleventh health and epidemic prevention institutions at all levels of supervision duties according to the relevant provisions issued by the Ministry of health.
Health and epidemic prevention institutions at higher levels have the responsibility to inspect, supervise and guide the health management in public places of health and epidemic prevention institutions at lower levels, and health and epidemic prevention institutions at all levels should have a clear division of labor to avoid omission or repeated monitoring. The health and epidemic prevention institutions of provinces, autonomous regions and municipalities directly under the Central Government have the right to correct or re-handle the cases that the lower-level health and epidemic prevention institutions and local civil aviation, railways, transportation and factories (fields) violate the Regulations and handle improperly.
Twelfth health and epidemic prevention institutions at all levels must regularly submit health supervision and monitoring reports and relevant materials in public places to the health administrative department at the same level and the health and epidemic prevention institutions at the next higher level.
Thirteenth duties of health supervisors in public places:
(a) to carry out health supervision and monitoring and health technical guidance in public places within the jurisdiction.
(two) to publicize health knowledge, guide and assist the relevant departments to carry out health knowledge training for employees.
(three) in violation of the relevant provisions of the "Regulations" of the units and individuals, according to the relevant provisions.
(four) to participate in the site selection, design hygiene review and completion acceptance of new, expanded and rebuilt public places.
(five) on-site inspection of public places, to obtain relevant information, including taking pictures, audio and video. And investigate and deal with the health hazards in public places.
(six) to perform other tasks assigned by the health and epidemic prevention institutions.
Fourteenth according to the needs of the work, health and epidemic prevention institutions can set up assistant health supervisors. Under the guidance of the health supervisor, the assistant health supervisor shall assist the health supervisor to carry out the above work.
Fifteenth public health supervisor, assistant health supervisor conditions:
(a) good political thinking, law-abiding, serious work, decent style, impartial, healthy.
(2) The health supervisor has the technical title of healer or above, has been engaged in public health work for more than one year, has mastered the health supervision and monitoring business in public places and related laws and regulations, and has the ability to work independently.
(3) The assistant health supervisor has been engaged in public health work for more than one year, or has the technical title of healer (including healer), is familiar with the health supervision and monitoring business in public places and relevant laws and regulations, and has certain independent working ability.
Sixteenth public health supervisors and assistant health supervisors code:
(a) to learn and master the "Regulations", "Detailed Rules" and relevant health standards and requirements, and constantly improve the policy level and business level.
(two) to perform tasks according to law, be loyal to their duties, act impartially, and be polite to others, and shall not abuse their powers, engage in malpractices for selfish ends, and ask for bribes.
(three) when performing the task, they should dress neatly, wear the badge of "China Health Supervision", show their supervision certificates, strictly implement the relevant regulations, and fill in the records carefully.
(4) Strictly implement the reporting system.
Seventeenth public places health supervisor, assistant health supervisor according to the proportion of one person every thirty to sixty public places. Personnel engaged in health supervision in public places by health administrative departments and health and epidemic prevention institutions at or above the county level, who meet the requirements of health supervisors and assistant health supervisors, can serve as health supervisors and assistant health supervisors.
Article 18 Health supervisors in public places shall be nominated by health administrative departments at all levels, approved by health administrative departments of provinces, autonomous regions and municipalities directly under the Central Government, reported to the people's government at the same level for approval and issued certificates. Assistant health supervisors are nominated by health and epidemic prevention institutions at the county or regional level, and issued certificates with the approval of the health administrative department at the next higher level.
Article 19 Public health supervisors and assistant health supervisors who have been transferred due to job transfer or other reasons must promptly return their certificates and badges and report them to the provincial health administrative department for the record.
Article 20 The appointment, removal and number of health supervisors in public places of civil aviation, railways, transportation and factories (fields) and mines shall be determined by the competent department of the State Council with reference to the provisions of Article 17 of these Detailed Rules and reported to the health administrative departments of provinces, autonomous regions and municipalities directly under the Central Government for the record.
Twenty-first public places construction project design hygiene supervision and management regulations:
(1) The site selection and design of new construction, renovation and expansion projects in public places listed in Article 2 of the Regulations shall conform to the relevant hygiene standards and requirements, and the design instructions must have a hygiene chapter. Its contents include design basis, main health problems, health care facilities, measures and their expected effects.
(2) Any public place construction project that affects the quality of the surrounding environment, has occupational hazards and has an impact on the health of the surrounding people must implement the health evaluation reporting system for construction projects. Health evaluation report should be carried out in the feasibility study stage of construction project and completed before construction design.
(3) The competent department of the construction project shall submit the health evaluation report of the construction project to the health administrative department for examination and approval. Construction projects that have been examined and approved shall be issued with "Hygiene Permit for Construction Projects". The construction unit can only apply for the construction permit after obtaining the Hygiene Permit for Construction Project.
(4) After the design and health evaluation report are examined and approved by the health administrative department, no unit or individual may change it without authorization, and the change still needs the consent of the health administrative department.
(five) after the completion of the construction project, it shall notify the health and epidemic prevention institutions. Only those who pass the inspection can apply to the administrative department of health for a "health permit".
Twenty-second public places construction project health evaluation qualification units approved by the provincial health administrative department and issued a qualification certificate, submitted to the Ministry of health for the record.
Chapter IV Punishment
Twenty-third in violation of the "Regulations" and the relevant provisions of these rules, the unit or individual shall be given a warning, fined 20 yuan to 20 thousand yuan, suspended for rectification, and the "Health Permit" shall be revoked according to the seriousness of the case. The above penalties can be used alone or in combination.
(a) given a warning in any of the following circumstances:
(1) Violating Article 6 of the Regulations, the health system is not perfect or the employees are not trained in health knowledge;
(two) in violation of the provisions of the first paragraph of article fifth, did not carry out health examination on time;
(three) in accordance with the provisions of the first paragraph of Article fourteenth of the Regulations, and the main health indicators are unqualified.
(two) a fine of twenty yuan to two hundred yuan shall be imposed in any of the following circumstances:
(1) Under any of the circumstances listed in the first paragraph of this article, no improvement has been made after warning and punishment;
(two) in accordance with the provisions of the first paragraph of Article 14 of the Regulations, there are two main health indicators that are unqualified;
(three) in violation of the provisions of the "Regulations" seventh, without obtaining a "health certificate" to engage in direct customer service.
(three) one of the following circumstances, ranging from one hundred yuan to four hundred yuan fine:
(1) has one of the circumstances listed in the second paragraph of this article, and has not improved after being fined from 20 yuan to 200 yuan;
(two) shall not be transferred to the "Regulations" provisions of article seventh of the disease patients.
(four) in any of the following circumstances, a fine of two hundred yuan to eight hundred yuan shall be imposed:
(1) is under any of the circumstances listed in item 2, paragraph 3 of this article, and has not been improved after being fined 100 yuan or more but below 400 yuan;
(two) in violation of the provisions of the fourth paragraph of Article 5 of these measures, alter, transfer, resell or forge the Health Certificate;
(three) in accordance with the provisions of the first paragraph of Article fourteenth of the Regulations, there are three main health indicators that are unqualified;
(four) in violation of the provisions of the "Regulations" eighth, without obtaining the "health permit" to engage in business.
(five) in any of the following circumstances, a fine of four hundred yuan to one thousand five hundred yuan shall be imposed:
(1) Under any of the circumstances listed in Item 2, Item 3 and Item 4 of Paragraph 4 of this Article, it has not been improved after being fined from 200 yuan to 800 yuan;
(two) in accordance with the provisions of the first paragraph of Article fourteenth of the Regulations, there are more than four (including four) main health indicators are unqualified;
(three) in accordance with the provisions of the third paragraph of Article fourteenth of the Regulations, refusing health supervision;
(four) in violation of the provisions of the seventh paragraph of Article 7 of these rules, alter, transfer, resell or forge the Health Permit.
(six) in any of the following circumstances, a fine of eight hundred yuan to three thousand yuan shall be imposed:
(1) has one of the circumstances listed in items (2), (3) and (4) of the fifth paragraph of this article, and has not improved after being fined more than 400 yuan 1500 yuan;
(two) in violation of Article 9 of the Regulations, failing to report the health hazards in time.
(seven) in violation of the provisions of the third paragraph of article twenty-first, without obtaining the "construction project hygiene license" and unauthorized construction, punishable by a fine of one hundred yuan to three thousand yuan, and may be ordered to stop construction according to the specific circumstances.
(eight) in violation of article eighth of these rules, causing health accidents, impose a fine of 1500 yuan to 20000 yuan:
(1) If the number of victims (excluding the number of deaths) is one to ten, a fine ranging from 1500 yuan to 3,000 yuan shall be imposed;
(two) death 1 1 person to 50 people (excluding the number of deaths), punishable by a fine of 3000 yuan to 8000 yuan;
(three) the number of victims (excluding deaths) is more than 5 1 person, and a fine of 8,000 yuan to 10000 yuan;
(four) causing death, a fine of 1 10,000 yuan and 20,000 yuan.
(nine) in any of the following circumstances, it shall be ordered to suspend business for rectification within seven days. If there is no improvement after the punishment of suspension of business for rectification, the period of suspension of business for rectification may be extended to 90 days:
(1) violates the provisions of Article 8 of these Rules and is determined by the health and epidemic prevention agency to need to take emergency measures;
(2) Lack of basic sanitary conditions;
(3) Being fined twice without improvement.
(ten) in any of the following circumstances, the Health Permit shall be revoked:
(1) No improvement has been made after 90 days of suspension of business for rectification;
(two) the illegal circumstances are serious, resulting in serious consequences.
Article 24 A fine of less than 3,000 yuan shall be examined and approved by the health and epidemic prevention institution. Suspension of business for rectification and a fine of more than 3,000 yuan shall be approved by the health administrative department at the same level. The revocation of the Health Permit shall be approved by the original issuing unit.
Article 25 "Compensation for victims' losses" in Article 15 of the Regulations includes medical expenses, lost time, living allowance, funeral expenses and survivors' pension.
Article 26 Whoever violates these regulations and causes serious consequences, obstructs, abuses or beats health supervision and inspection personnel in exercising their functions and powers according to law, and retaliates against informers, if the circumstances are serious enough to violate the criminal law, shall be investigated for criminal responsibility by judicial organs according to law.
Chapter V Supplementary Provisions
Twenty-seventh "Regulations" in Article 2 of the "catering establishments" supervision scope and content refers to the environmental sanitation of air-conditioned catering establishments. The supervision scope of "park" refers to the public places with enclosure structure in the park. "Public transport" refers to planes, trains and ships that transport passengers in China. "Shopping malls (shops) and bookstores" refer to places with a business area of more than 300 square meters in cities and 200 square meters in counties, townships and towns. Among them, the supervision of pharmaceutical trading enterprises such as pharmaceutical shopping malls (stores) shall be implemented in accordance with the provisions of the Drug Administration Law.
Article 28 The meanings of the following terms in these Rules are:
Health and epidemic prevention institutions refer to health and epidemic prevention stations (institutes), disease prevention centers, environmental health supervision and monitoring stations (institutes) under the health administrative departments of governments at all levels, as well as health and epidemic prevention stations under civil aviation, railways, transportation and factories (fields).
Refusing health supervision: refers to the behavior of obstructing or delaying the health and epidemic prevention institutions and health supervisors to perform their duties by various excuses and means.
Operating a variety of public places: refers to operating two or more public places specified in Article 2 of the Regulations in one business unit at the same time.
The main health indicators in public places refer to:
(1) Hotel (with air conditioning facilities): disinfection of customers' electrical appliances, replacement of bedding, water quality of self-provided water and secondary water supply, carbon monoxide, carbon dioxide and fresh air volume.
(2) Hotels and guest houses: washbasins and mats are equipped, customers' utensils are disinfected, bedding is replaced, self-provided water source and secondary water supply quality, bed area and carbon dioxide are provided.
(3) Basement hotel: equipped with washbasin and footbath, disinfection of customers' utensils, change of bedding, mechanical ventilation, humidity, bed area, heating and cooking without fire, noise and carbon dioxide.
(4) theaters, video halls and concert halls: no smoking in the venue, interval between sessions, disinfection of glasses in stereo theaters, and carbon dioxide (or total air volume and fresh air volume).
(5) Ballroom, music teahouse and amusement hall: noise, no smoking in the venue, per capita occupied area, carbon dioxide (or fresh air volume).
(6) Bars and cafes: fresh air volume, carbon monoxide and carbon dioxide.
(7) Public toilet: replace the customer's utensils and disinfect them. It is forbidden for customers with sexually transmitted diseases, infectious diseases and skin diseases to take a bath. The pool water is turbid and contains carbon dioxide.
(8) Barber shops and beauty salons: disinfect the barber knives, towels and brushes, treat the coliform bacteria and Staphylococcus aureus in the barber knives, towels and brushes, and use special hairdressing tools for patients with tinea capitis, ammonia water (in the workplace of perming) and carbon monoxide (in the barbershop using coal stoves). Workers should wear work clothes when operating and masks when cleaning their faces.
(9) Swimming pool: total number of bacteria, total number of coliforms, turbidity, pool water purification and disinfection equipment, and forced-through foot-dipping disinfection pool. It is forbidden to rent swimsuits and pants.
(10) Gym: carbon dioxide (or total air volume or fresh air volume), no smoking in the gym, and drinking water quality.
(1 1) Libraries, museums and art galleries: lighting, noise, carbon dioxide (or total air volume), no smoking in the library, and no printing and copying in the reading room.
(12) Shopping malls (stores) and bookstores: lighting, carbon dioxide (or total air volume and fresh air volume), and smoking is prohibited in the field (store).
(13) Hospital waiting room: total bacteria, indoor smoking, carbon dioxide.
(14) Bus waiting room: indoor floor cleaning, indoor smoking ban, public tea set disinfection and carbon dioxide.
(15) Railway passenger cars, shipping passenger ships and passenger planes: drinking water quality, bedding and headgear replacement, tea set disinfection, carbon dioxide, and no smoking in non-smoking cabins (cabins).
Article 29 The Ministry of Health of the People's Republic of China shall be responsible for the interpretation of these Detailed Rules.
Thirtieth these rules shall come into force as of June 1st, 1991. On September 15th, 1987, the Detailed Rules for the Implementation of the Regulations on Hygiene Management in Public Places issued by the Ministry of Health shall be abolished at the same time.