Communicable Disease Prevention Act: two sudden outbreak led to legislation and amending the law
Zhang

At 12:20 on September 18, 2009 Source: "Procuratorial Daily"


Shaanxi Ningshan counties revised "Infectious Diseases Prevention Law" campaign.

For now, all over the country is carrying out the work of Influenza A H1N1 influenza prevention and control. September 7, the Ministry of Health informed the current 31 provinces and autonomous regions in Mainland China have all reported confirmed cases of Influenza A H1N1 influenza. As the prevention and control, appropriate treatment measures, did not happen due to an influenza caused by H1N1 influenza deaths.

China University of Political Science Research Center, Health Law Professor Liu Xin have said: "Let such a country with a population of 1.3 billion, the economic level is not high, not very abundant medical resources, and uneven distribution of prevention and control can achieve such an effect , which amended the "Communicable Disease Prevention Act" has a great relationship. "

Shanghai contributed to the outbreak of hepatitis A legislative

"Many patients come to the hospital, the corridor has also added a bed. Some people lining up half of the faint, and no effort queuing, fainted on the first lifts come in, and the scene is really terrible." Shanghai 1 Physicians recalled January 18, 1988 remember the scene. Come to the hospital that day a total of 34 cases of patients with similar symptoms, most of them accompanied by body fever, vomiting, anorexia, fatigue, his face yellow and other symptoms. The next day, the patients increased to 134 cases. Other hospitals also influx of such patients. It was later established that they are suffering from acute viral hepatitis A, or hepatitis.

A short period of time in the next month, the Shanghai district more than 30 million people infected with the hepatitis A, mostly young adults, in which 11 people were killed. For a time, people "talk about the liver pale", bus stations and public canteens you rarely see a crowded scene, people line up on the car will take the initiative Dafan or maintain a certain distance, and more people choose to stay at home, to minimize travel, less eating in restaurants in order to avoid bacterial infection. The survey found that this outbreak was due to hepatitis A Shanghai life, polluted water are hepatitis A virus caused by the gross subcrenata. The urgent deployment of the Shanghai municipal government to carry out prevention and control of hepatitis A general mobilization.

Peking University Research Center for Medical Ethics and Law, said Wang Yue, deputy director in 1988, China has not yet developed, "Infectious Diseases Prevention Law" to carry out the law on infectious disease prevention is mainly by the State Council promulgated the "Regulations of acute infectious disease." In addition, the Ministry of Health promulgated the "Ministry of Health concerning the six kinds of infectious diseases into four kinds of quarantine notice," "Trial Procedures for communicable disease surveillance frontier ports", "omission of the National Notifiable Diseases Survey Program," "Ministry of Health the work on the control of intestinal infectious diseases, "and other supporting documents.

Wang Yue said that the outbreak of hepatitis A, after Shanghai, China's legislative response to acute infectious diseases prevalent flaws exposed, in order to better prevent and control infectious diseases, in summarizing the prevention and treatment of hepatitis prevention and control of Shanghai, based on experiences and lessons learned, 1989 " Infectious Diseases Prevention Law "came into being, and has become the prevention, control and elimination of the incidence and prevalence of infectious diseases to safeguard public health, an important law.

Amending the law, from the fight against "SARS"

In 2003, the sudden "SARS" epidemic of "Infectious Diseases Prevention Law" amendment to the fore.

Through reflection "SARS" incident, the community of "Communicable Disease Prevention Law" provisions in a large number of observations. 315 Tenth National People's Congress proposed a motion amend the NPC Standing Committee, "Communicable Disease Prevention Act." The NPC Standing Committee will be revised, "Infectious Diseases Prevention Law" included in the legislation plan of 2004 designated the State Department, "Communicable Disease Prevention Law (Revised Draft)" in the drafting process. In June 2003, the State Council Legislative Affairs Office and the Ministry of Health formed a joint drafting group to begin revision.

"On the surface, the fight against 'atypical pneumonia' a revision of the" Infectious Diseases Prevention Law "motivating factor, in fact, to amend the law is also China's economic and social development of the new needs." Wang Yue said, "Infectious Diseases Prevention Law" was promulgated, the With the economic and social development, medical science advances in a number of diseases, a growing awareness of citizens on the health of the increasing demand, our communicable diseases prevention and control situation has undergone great changes, there have been many new situations and new problems. For example, the state outbreak of infectious disease surveillance, early warning capability is weak; epidemic information reporting, poor communication channels; medical institutions for treatment of patients with infectious diseases capacity of hospital cross-infection control is weak; infectious disease outbreak to take urgent inadequate system of control measures, disease prevention and control of financial security is inadequate. These issues in the fight against "SARS" was more exposed to the full.

Revision process, the world in some countries a person infected with the outbreak of highly pathogenic avian influenza. Taking into account the United Kingdom, Australia, New Zealand and other countries, as well as China's Hong Kong, Taiwan, regarded the inclusion of human infection with highly pathogenic avian influenza management of legal infectious diseases, the WHO also recommended that countries of human infection with highly pathogenic avian influenza included in the A infectious diseases management, so amended the "Communicable Disease Prevention Act" would "SARS" and the people are infected with highly pathogenic avian influenza as a Category B infectious diseases, so that the statutory infectious diseases included in the law from the original 35 species to 37 species, of which two kinds of A and B 25, C 10.

The revised legal content doubled

The revised "Communicable Disease Prevention Act" provision from 41 to 80, word length doubled. Liu Xin said that this is because in 1989 the "Communicable Disease Prevention Act" more extensive, a lot of content requirements are not specific, some system is not involved. In summing up the fight against "SARS" based on the first line of prevention and control of infectious diseases department truly felt that this lack of them, and thus the content of the law has increased significantly.

In particular, notably, the revised "Infectious Diseases Prevention Law" to absorb the fight against "SARS" the experiences and lessons learned.

In order to address the epidemic in practice report is not timely, infectious disease prevention and control professionals to access information does not flow, control the epidemic information relevant competent departments and units of a lack of communication and other issues, the revised law on infectious disease reporting and disclosure system was perfect, the establishment of communications system for outbreaks of infectious diseases, an increase of infectious diseases notification system, and standardize the disclosure systems for infectious diseases, concealment, false, and delaying the report outbreaks of infectious diseases who will be brought to justice. The new law also added provisions that have taken place A place where cases of communicable diseases or the establishment of a specific area of personnel that can be isolated from the local governments above the county level, which makes isolation has legal basis.

In April 2004, Beijing and Anhui reproduction of "SARS" epidemic. The Ministry of Health set up an expert panel of inquiry finds that the "SARS" outbreak originated from a laboratory infection, laboratory safety was a result of mismanagement, lax implementation of rules and regulations, technical violations, inadequate safety precautions, leading to laboratory Pollution and staff infection in serious accidents. Accordingly, the revised "Communicable Disease Prevention Act" to increase the management of the laboratory terms of disease prevention and control require agencies, medical institutions, laboratories and experimental units of pathogenic microorganisms involved in the establishment of a stringent regulatory system and guard against infectious pathogens laboratory infection and the spread of pathogenic microorganisms.

The revised "Communicable Disease Prevention Act" also highlights the legislation of the humanistic care. Wang Yue said that in 1989, "Infectious Diseases Prevention Law" does not provide for the protection of privacy of infectious diseases, the amended law disease prevention and control institutions, medical institutions not to disclose information about personal privacy and data, for disease prevention and control institutions, medical agencies intentionally leaked patients with communicable diseases, pathogen carriers, suspected patients with communicable diseases, close contact with the relevant information involving personal privacy and data, ranging from a warning, causing serious consequences, will be responsible according to law by officers and other persons directly responsible demotion, dismissal, expulsion punishment constitutes a crime shall be prosecuted for criminal liability.

Established a "non-discrimination principle"

In 1985 the first case of AIDS patients in China found that, due to lack of understanding, people often talk about "Ai" pale, 1989, "Infectious Diseases Prevention Law" 24th of the AIDS epidemic were provided together with the CPI to require isolation and treatment. Amended in 2004, when adjusted in accordance with generally B disease management.

In this regard, Liu Xin said that from the surface, this seems to be to relax the management of AIDS, in fact not the case. AIDS is a very special kind of disease, caused great harm, but the mode of transmission of the special management of infectious diseases in accordance with the CPI may not bear fruit. The special circumstances for AIDS, the revised "Infectious Diseases Prevention Law" 24th Article of the prevention and control of AIDS with specific emphasis on the requirements of all levels of government should strengthen AIDS prevention and control work, to take preventive and control measures to prevent the spread of AIDS, and to authorize the State Council has formulated specific regulations, which the State Department for the later development of "AIDS Prevention Act," provides a legal basis.

"SARS" patients and "SARS" suspected patients had been subjected to discrimination, while employment in hepatitis B patients subjected to unjust treatment, has become the focus of attention. In 1989, "Communicable Disease Prevention Act" only stipulates that: "patients with communicable diseases, pathogen carriers and suspected patients with communicable diseases, in the cure of infectious diseases or to exclude a suspect before, not to engage in health administrative department under the State Council, prohibited from engaging in making the infectious disease-prone the proliferation of work. "while the amended law establishes a" non-discrimination principle "that" the state and society should be concerned to help patients with communicable diseases, pathogen carriers and suspected patients with communicable diseases so that timely treatment. any unit or individual not discriminate against patients with infectious diseases, pathogen carriers and suspected patients with communicable diseases. " It is precisely because of this provision, the new law was promulgated, several media reports, wrote in the title: "Hepatitis B carriers will no longer be discriminated against." Wang Yue said that the "non-discrimination principle" underlines the legislators to establish a people-centered concept.