Regulations on Preparedness for and Response to Emergent Public Health Hazards

(chinadaily.com.cn)

Updated: 2014-06-18

Article 48 Where the competent health administrative departments or other relevant departments of the people’s governments at or above the county level neglect duties, commit malfeasance or dereliction of duties in the investigation into or control of the emergent hazard, or in the medical treatment process, the people’s governments at the same level or the relevant departments of the people’s governments at the higher level shall order them to make corrections, circulate a notice of criticism or give them a warning; the principal responsible persons, the persons in charge bearing responsibility and other persons responsible shall be given an administrative sanction of demotion or dismissal from posts according to law; if such acts cause dissemination or epidemic of infectious diseases or cause other serious risks to the public health, such persons shall be given an administrative sanction of discharge from public employment according to law. If a crime is constituted, criminal liability shall be investigated according to law.

Article 49 Where the relevant departments of the people’s governments at or above the county level refuse to perform their duties to make response to the emergent hazard, the people’s governments at the same level or the relevant departments of the people’s governments at the higher level shall order them to make corrections, circulate a notice of criticism or give them a warning; the principal responsible persons, the persons in charge bearing responsibility and other persons responsible therefor shall be given an administrative sanction of demotion or dismissal from posts according to law; if such acts cause dissemination or epidemic of infectious diseases or cause other serious risks to the health of the public, such persons shall be given an administrative sanction of discharge from public employment according to law. If a crime is constituted, criminal liability shall be investigated according to law.

Article 50 Where a medical and health institution commits any of the following acts, the competent health administrative department shall order it to make corrections, circulate a notice of criticism or give it a warning, or revoke its Licence for Medical Institutions if the circumstances are serious; the principal responsible persons, the persons in charge bearing responsibility and other persons directly responsible therefor shall be given a disciplinary sanction of demotion or dismissal from posts according to law; if such acts cause dissemination or epidemic of infectious diseases or causes other serious risks to the health of the public and thereby constitutes a crime, criminal liability shall be investigated according to law. (1) failing to perform the duty to report the emergent hazard in accordance with these Regulations or withholding the truth about, delaying the report or making a false report on the emergent hazard; (2) failing to timely take control measures in accordance with these Regulations; (3) failing to perform the duty of emergent hazard surveillance in accordance with these Regulations; (4) refusing to admit patients; (5) refusing to follow the command of the headquarters for response to the emergent hazard.