Laws and Regulations
Chinese Law
CERTAIN REGULATIONS ON THE MONITORING AND CONTROL OF AIDS
(Approved 26 December 1987 by the State Council And jointly Promulgated 14 January 1988 by the Ministry of Public Health, the Ministry of Foreign Affairs, the Ministry of Public Security, the State Education Commission, the National Tourism Administration, the Civil Aviation Administration of China and the National Foreign Experts Bureau.)
SUBJECT: PHARMACEUTICS & HEALTH
ISSUING-DEPT: MINISTRY OF HEALTH
ISSUE-DATE: 01/14/1988
IMPLEMENT-DATE: 01/14/1988
TEXT:
[Article 1] These Regulations are formulated to prevent the AIDS virus from spreading into China from abroad or from occurring and becoming prevalent in China and to safeguard the health of the people.
[Article 2] The targets of AIDS monitoring and control as referred to in these Regulations shall be:
(1) persons ill with AIDS;
(2) persons carrying the Aids virus;
(3) persons suspected of being ill with AIDS and persons who engage in intimate contact with those persons specified in items (1) and (2);
(4) blood and blood products, toxic strains of bacteria, biological tissue, animals and other items which are contaminated with the AIDS virus or suspected or being an AIDS virus carrier.
[Article 3] The various levels of the public health administrative departments shall be in charge of monitoring and controlling AIDS within their respective areas of jurisdiction.
The relevant departments, such as public security, foreign affairs, customs, tourism, education, aviation, railways and communications, and enterprises, public institutions and mass organisations shall assist the public health administrative departments to take measures to prevent the spread of AIDS.
[Article 4] All persons entering Chinese territory shall accurately complete a health declaration card and present it to the border health and quarantine station for inspection.
[Article 5] A foreigner who comes to China to settle or to stay (or to study in China) for a year or more, shall present an AIDS blood serum test certificate issued by a public hospital of the country of origin or issued by a private hospital and notarised by a public notary of the country of origin and authenticated by the Chinese embassy or consulate stationed in the said country. The certificate shall be valid for six months from the date of issue.
If circumstances do not allow a foreigner to undergo an AIDS blood serum test in his own country, he shall undergo an examination at a designated specialised public health organ within 20 days of his arrival in China.
[Article 6] A foreigner to whom the provisions of item (1) or (2) of Article 2 of these Regulations apply shall not be permitted to enter Chinese territory.
A foreigner who under the provisions of these Regulations is not permitted to enter China, but who has already arrived at a port in China, shall leave Chinese territory as soon as possible by the means of transport on which he arrived or by a means of transport of his country. If necessary, a Chinese aviation, railway or road traffic department shall arrange his departure from Chinese territory and the border health and quarantine station shall enforce isolation measures prior to his departure.
[Article 7] If, during the period a foreigner is staying in China, it is discovered that the provisions of item (1) or (2) of Article 2 apply, the local public health administrative department may request the public security department to order his immediate departure from Chinese territory.
[Article 8] A Chinese citizen who returns to settle of stay in China for one year or more after living abroad or residing abroad for one year or more (including Chinese seamen working abroad foreign vessels) shall undergo an examination at a designated specialised public health organ within two months of returning to China.
[Article 9] No unit or individual shall import or carry into China any of the items specified in item 4 of Article 2 of these Regulations. If it is essential to import such items, the matter shall be reported to the Ministry of Public Health for examination and approval.
[Article 10] Toxic strains of bacteria infected with the AIDS virus shall be retained and used by units designated by the Ministry of Public Health. No unit or individual shall exchange, deliver or use such items without authorisation.
[Article 11] Blood and blood products shall be monitored for AIDS virus antibodies.
Persons infected with the AIDS virus shall be prohibited from donating body tissue, organs, blood and semen.
[Article 12] The public health administrative departments of the various provinces, autonomous regions and directly administered municipalities shall organise the development of measures for the monitoring of AIDS. The main aspects of this monitoring work shall be to:
(1) collect, collate and analyse information on the epidemic situation;
(2) emphasise the need for mass blood serum checks;
(3) investigate and analyse the factors behind the epidemic.
[Article 13] When carrying out AIDS blood serum tests, injection syringes shall only be used once and all other equipment involved shall be properly sterilised to prevent an infection originating from such medical treatment.
[Article 14] AIDS shall be publicised as an infectious disease in accordance with State provisions.
[Article 15] If, while carrying out their official duties, such departments as civil administration, public security and the judiciary discover persons who are possible carriers of AIDS, these persons shall be sent immediately to a public health department to undergo an AIDS test.
[Article 16] Medical treatment nurse shall pay close attention when examining a patient and, if a person is suspected or having AIDS, shall immediately make a diagnosis and report and handle the matter.
[Article 17] If personnel engaged in sickness prevention, medical treatment or health care work positively diagnose or suspect a person of being ill with AIDS or of being an AIDS carrier, the matter shall be reported immediately to the local public health epidemic prevention station. The public health epidemic prevention station shall report the matter to its higher level public health administrative department within 12 hours of being notified.
If other persons suspect someone of being ill with AIDS, they shall report the matter to the local sickness prevention, medical treatment or health care organ. No unit or individual shall conceal or postpone the reporting of information concerning an epidemic disease.
[Article 18] When receiving personnel dispatched by a public health administrative department to undertake investigations, the relevant unit or individual shall be obliged to provide information on such aspects as the occurrence, spread and contraction of AIDS and to ensure that an accurate and complete representation of the situation is given.
[Article 19] Information on epidemic diseases reported to public health administrative departments shall be verified immediately. Attached to such information shall be a certificate of diagnoses issued by a designated specialised public health organ.
[Article 20] Reports on the state of the AIDS epidemic in China as a whole shall be issued by the Ministry of Public Health.
[Article 21] No unit or individual shall discriminate against persons suffering from AIDS, or AIDS virus carriers or their families. Relevant particulars, such as the name and address, of persons ill with AIDS or AIDS virus carriers shall not be disclosed publicly or be allowed to be spread.
[Article 22] All units and individuals shall implement the preventative measures adopted by the public health departments for the prevention and control of the spread of AIDS.
[Article 23] If a public health, medical treatment or health care organ discovers a person to whom the provisions of item 1 of Article 2 apply, isolation measures shall be adopted immediately and the person shall be sent to a treatment unit designated by a public heath administrative department for medical treatment.
[Article 24] If a public health, medical treatment or health care organ discovers a person to whom the provisions of items 2 or 3 of Article 2 apply, the following measures shall be implemented in full or in part, depending on prevention requirements;
(1) detention for examination;
(2) restriction on area or activities;
(3) medical observation;
(4) regular or irregular visits for check-ups.
[Article 25] The corpse of an AIDS sufferer or AIDS carrier shall be cremated immediately.
[Article 26] Public health epidemic prevention organs shall supervise and guide the relevant departments and individuals to sterilise any secretions and excreta of an AIDS sufferer or AIDS carrier, together with other items and surroundings with which the AIDS victim is in contact and which may have become infected. If necessary, the public health epidemic prevention organ shall undertake the sterilisation.
[Article 27] When the public health, medical treatment and health care organs are implementing the measures stipulated in Articles 23 and 24 of these Regulations, the public security and other relevant organs shall provide assistance.
[Article 28] The public health administrative department shall issue a fine of between 50 yuan 3,000 yuan and enforce measures for prevention, medical treatment and sterilisation to be adopted if any nurse or individual violates these Regulations through one of the following acts:
(1) concealing and failing to report the state of a person’s illness or evading examination;
(2) performing an act which spreads the AIDS virus when the person concerned knows that he is suffering from AIDS or is an AIDS carrier;
(3) concealing any item stipulated under item 4 of Article 2 of these Regulations from inspection as it is carried into Chinese territory;
(4) refusing to implement measures for the prevention and control of the spread of AIDS as stipulated in Articles 23, 24, 25 and 26 of these Regulations.
[Article 29] If these Regulations are violated, thereby causing the spread of AIDS or causing a situation which is dangerously conducive to the spread of AIDS, the judicial organs shall pursue criminal liability in accordance with the law.
[Article 30] The meaning of terms used in these Regulations is as follows:
(1) “AIDS” refers to the antibody immune deficiency syndrome;
(2) “a person ill with AIDS” refers to a person who is AIDS virus antibody positive and is clinically showing a conditional infection or a malignant tumour;
(3) “a person carrying the AIDS virus” refers to a person who is AIDS antibody positive, but shows no symptoms of the virus, or who has yet to be diagnosed as suffering from AIDS;
(4) “a foreigner” refers to a person who is not a Chinese citizen in accordance with the provisions of the Nationality Law of the People’s Republic of China.
[Article 31] Fees shall be collected in accordance with regulations when measures for prevention, medical treatment or inspection are undertaken.
[Article 32] The Ministry of Public Health shall be responsible for the interpretation of these Regulations.
[Article 33] These Regulations shall take effect from the date of promulgation.