Regulation on Responses to Public Health Emergencies (2011Revision)

Regulation on Responses to Public Health Emergencies (2011Revision) Regulation on Responses to Public Health Emergencies (Promulgated by Order No. 376 of the State Council of the People's Republic of China on May 9, 2003; amended in accordance with the Decision of the State Council on Abolishing and Amending Some Administration Regulations by the Order No. 588 of the State Council of the People's Republic of China on January 8, 2011) Chapter I General Provisions Article 1 The present Regulation has been enacted for the purpose of effective prophylaxis, timely control and elimination of public health emergencies, and safeguarding the physical health and life security of the general public, and to maintain the normal social order. Article 2 The term “public heath emergencies” as used in the present Regulation (hereafter “emergencies”) refers to sudden outburst of a serious contagious disease, colonial disease of unknown causes, important alimentary or occupational toxicosis that has caused or may cause severe effect on the health of the general public and to other incidents that severely affect the health of the general public. Article 3 When an emergency outbreaks, the State Council shall set up a headquarter for the urgent handling of the national emergency, which shall be composed of the relevant departments of the State Council and the relevant departments of the army, with the leader in charge of the State Council as the commander-in-chief the headquarters to be responsible for the overall leadership and command of the urgent handling of the national emergency. The administrative department of health under the State Council and other relevant departments shall do a good job in the urgent handling of the emergency within their respective functions and duties. Article 4 When any emergency breaks out, the people's government of the provinces, autonomous regions, or municipalities directly under the Central Government shall set up local headquarters for the urgent handling of the emergency, with the principal leader of the people's government of the province, autonomous region, or municipality directly under the Central Government as the commander-in-chief to be responsible for the leadership and command of the urgent handling of the emergency within their respective jurisdiction. The health administrative department of the local people's governments on the county level and above shall be responsible for the specific investigation, control and medical treatment of emergency. The health administrative department of local people's governments on the county level and above shall do a good job in the urgent handling of the emergency within their respective functions and duties. Article 5 In the urgent handling of emergencies, the guideline of giving priority to prophylaxis and being always on the alert shall be followed, and the principles of unified leadership, level-by-level responsibility, timely response, resolute decision-making, reliance on science, and strengthening cooperation shall be adhered to. Article 6 All the people's governments on the county level and above shall organize scientific researches relating to the prophylaxis and treatment of emergencies, make reserves for the urgent handling of emergencies, including reserves of materials, equipment, facilities, technology, and talent resources for the epidemiological investigation, isolation of contagious sources, medical rescue and treatment, on-the-spot disposition, supervision and inspection, monitoring and examination, health protection, etc., the expenditure of which shall be enlisted into the fiscal budget of the government on the same level. The state grants fiscal support to the remote areas and poverty-stricken areas in the urgent handling of emergencies. Article 7 The state encourages and supports international exchanges and cooperation relating to the monitoring, precaution, and response of emergencies. Article 8 The relevant departments of the State Council and the relevant departments of the people's government on the county level and above shall establish a rigid responsibility system for the prevention and urgent handling of emergencies so as to meticulously perform their respective functions and duties, and ensure the normal work of urgent handling of emergencies. Article 9 The health administrative departments of the people's government on all levels above the county level shall grant appropriate allowances and health care subsidies to the medical and health personnel that participate in the urgent handling of emergencies. Those who make outstanding contributions in the urgent handling of emergencies shall be commended and given awards. For those who become ill, are disabled, or die in the urgent handling of emergencies, corresponding allowances and subsidies shall be granted according to the relevant provisions of the state. Chapter II Prevention and Preparations for Urgent Handling Article 10 The health administrative department of the State Council shall formulate national plans for the urgent handling of emergencies according to the principle of classified guidance and rapid response, and submit them to the State Council for ratification. The people's governments of the provinces, autonomous regions, municipalities directly under the Central Government shall formulate plans for the urgent handling of emergencies within their respective jurisdiction on the basis of the national plans and by taking the practical situations of the local places into consideration. Article 11 The national plans for the urgent handling of emergencies shall cover the following aspects: 1. The composition of the headquarter for the urgent handling of emergencies and the functions and duties of relevant departments; 2. The monitoring and early warning of emergencies; 3. The collection, analysis, report, and notification of information about emergencies; 4. Techniques for the urgent handling of emergencies, the monitoring institutions and the duties thereof; 5. The grading of emergencies and working plans for emergent handling; 6. The prevention, on-the-spot control, urgent handling facilities, equipments, cure and medical treatment appliances for the emergencies, and the reserve and deployment of other materials and techniques; and 7. The building and training of professionals for the urgent handling of emergencies. Article 12 The plans for the urgent handling of emergencies shall be revised and supplemented in good time according to the changes that arise in the emergencies and the problems that are found in the implementation of the plans. Article 13 The local people's government on all levels shall, according to the provisions of laws and administrative regulations, do a good job in the prophylaxis of contagious diseases and in other public health work so as to avoid emergencies. The health administrative departments and other relevant departments of the people's governments on the county level and above shall convey professional knowledge to the general public of the urgent handling of emergencies so as to elevate the consciousness of prophylaxis and handling capacity of the whole society. Article 14 A unified system for the prevention and control of emergencies shall be established by the state. The local people's government on the county level shall establish and perfect the system for the monitoring and early warning of emergencies. The administrative departments of health of the people's government on the county level and above shall designate certain institutions to be responsible for the routine monitoring of emergencies, and shall ensure the normal operation of the monitoring and early warning system. Article 15 For the monitoring and early warning of emergencies, monitoring plans shall be formulated according to the classification of the incidents for the scientific analysis and comprehensive appraisal of the monitoring data. For the potential dangers found during their initial stage and for the possible emergencies, they shall be reported in good time according to the procedures and time limits as provided in the present Regulation. Article 16 The relevant departments of the State Council and the local people's governments on the county level and the relevant departments thereof shall ensure the reserve of materials including emergency facilities, equipments, drugs, and medical appliances according to the demand of the plans for the urgent handling of emergencies. Article 17 The people's government on the county level and above shall strengthen the construction of an emergency medical service network, be equipped with corresponding drugs, techniques, equipments, and professionals for medical treatment and cure, and shall raise their capacity of medical treatment and cure of the medical and health institutions in the handling of emergencies. The local people's governments of the cities divided into districts and on higher levels shall set up special hospitals of contagious diseases that can meet the demand for the prophylaxis and treatment of contagious diseases, or designate the medical institutions that are equipped with the conditions for and are capable of the prophylaxis and treatment of contagious diseases to undertake the task of prophylaxis and control of contagious diseases. Article 18 The health administrative departments of the local people's governments on the county level and above shall conduct regular training to the medical institutions and personnel thereof about the knowledge and techniques relating to the urgent handling of emergencies, organize the medical institutions to conduct regular drills for the urgent handling of emergencies, and popularize the latest knowledge and advance techniques. Chapter III Report and Information Release Article 19 An emergency report system shall be established by the state. The administrative department of health of the State Council shall formulate rules for the emergency repor......