2024年1月11日发(作者:裘海正)
Decree of the State Council of the People’s Republic of China
No. 457
“Regulations on AIDS Prevention and Treatment” adopted at the 122nd Executive Meeting of the
State Council on January 18, 2006 are hereby promulgated and shall be effective as of March 1,
2006.
Premier:
Wen Jiabao
January 29, 2006
Regulations on AIDS Prevention and Treatment
Chapter I: General Provisions
Article 1.
The Regulations are formulated in accordance with the law of the PRC on the
Prevention and Treatment of Infectious Dias for the purpo of ensuring human and public
health, preventing and controlling the occurrence and epidemic of Acquired Immune Deficiency
Syndrome (AIDS).
Article 2.
Comprehensive measures should be implemented in the prevention and treatment of
AIDS. It includes the insistence of the principle of focusing on prevention and integrating
prevention with treatment and care, establishing the mechanism of government-led multi-ctoral
cooperation responsibilities with strong societal participation, strengthening education and
behavioral interventions together with providing care and support rvices.
Article 3.
Law protects the legal rights of people living with Human Immune Virus (HIV) and
AIDS patients and their relatives. It includes the rights of marriage, employment, asssment of
medical treatment and education. Any institute or individual shall not discriminate the people
living with HIV, AIDS patients and their relatives.
Article 4.
The people’s governments at or above the county level shall be responsible for the
leadership of AIDS prevention and treatment, the establishment and improvement of cooperative
working mechanism with respective duties, and the supervision of works of relevant departments
in AIDS prevention and treatment.
Relevant departments of the people’s government at or above county level shall be responsible for
the supervision and administration of the implementation of AIDS prevention and treatment
according to their respective function and duties.
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Article 5.
The competent health administrative department of the State Council, jointly with
other relevant departments of the State Council, formulate the national program for AIDS
prevention and treatment; The local people’s governments at or above the level of county
formulate and organize the implementation of the working plan on AIDS prevention and treatment
within their respective administrative-zones, according to The Regulations and the national
program for AIDS prevention and treatment.
Article 6.
National government encourages and supports the people association of Trade Union,
Communist Youth League, Women’s Federation, and Red-cross Society etc. to take cooperative
activities for AIDS prevention and treatment with various levels of people’s governments.
Residents Committee and Villagers Committee shall help various local governments and relevant
departments of the government in educating relevant law/regulation, policy and knowledge of
AIDS prevention and control, and developing supportive civil activities and implementing works
for AIDS prevention and treatment.
Article 7.
People’s governments at various levels and relevant departments of the people’s
government shall take measures to encourage and support relevant organizations and individuals,
in accordance with The Regulations and the national program for AIDS prevention and
treatment and the working plan on AIDS prevention and treatment, to participate and to provide
donation to the works in AIDS prevention and treatment, to carry out behavioral interventions for
HIV infection vulnerable groups with high-risk behaviors, to provide care and supports to the
people living with HIV, AIDS patients and their relatives.
Article 8.
National government encourages and supports the development of scientific
rearches in AIDS prevention, diagnosis, and treatment; the improvement of science-technical
level of AIDS prevention and control; encourages and supports the development of traditional
medicine and tradition-modern combined medicine in AIDS clinical treatment and rearches.
National government encourages and supports the development of international co-operations and
communications in AIDS prevention and treatment.
Article 9.
The people’s governments and the relevant departments of the people’s government at
or above the county level shall give commend and reward for the organizations and individuals
who have made outstanding achievement in AIDS prevention and treatment.
For the people infected, suffered dias, disabled or died due to participate AIDS prevention and
control or during the implementation of their public duties, the people’s governments and the
relevant departments of the people’s government at or above the county level shall give subsidy,
relief in accordance with relevant regulations.
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Chapter II: Education and Communication
Article 10.
The people’s governments and the relevant departments of the people’s government
at various levels shall organize and develop education and care for, and shall not discriminate,
people living with HIV and AIDS patients and their relatives. The people’s governments and the
relevant departments of the people’s government at various levels shall advocate health and
civilized life-style, shall build well-supportive social environment for AIDS prevention and
treatment.
Article 11.
The people’s governments and the relevant departments of the people’s government
at various levels shall organize the distribution of educational materials, t up fixed or posted
significant non-commercial advertiment on AIDS prevention and treatment in the public
locations such as transportation stations, ship-ports, air-ports, public parks, and public
transportation tools (trains and ships etc).
Article 12.
The competent health administrative department of the people’s governments at or
above the county level shall strengthen the education and communication on AIDS prevention and
treatment, and provide technical support to relevant departments, organizations and individuals in
education and communication of AIDS prevention and treatment.
Medical care and health institutes shall organize their staffs to learn relevant law and regulations,
policies and knowledge about AIDS prevention and treatment; medical professionals shall carry
out educational communications to their patients about AIDS prevention and treatment when they
work during the process of diagnosis, treatment and counling for patients related to AIDS or
Sexual Transmitted Dias (STDs).
Article 13.
The competent educational administrative department of the people’s governments at
or above the county level shall supervi and monitor the educational activities on AIDS
prevention and treatment, including in-class educational cours and out-class educational
activities, in universities, colleges, multi-technical schools, and middle schools.
Universities, colleges, multi-technical schools and middle schools shall organize their students to
learn relevant knowledge about AIDS prevention and treatment.
Article 14.
The competent population and family planning administrative department of the
people’s governments at or above the county level shall u their network on communication and
technical rvices to organize educational communication on AIDS prevention and treatment.
Institutes of technical rvices in family planning shall provide education activities for the people
of child-bearing age when they provide their technical rvices in family-planning and production
health to the people.
Article 15.
Relevant departments of the people’s governments at or above the county level, and
agencies in labor-employment rvices shall strengthen AIDS education and communication for
the people of floating population from rural area to urban cities.
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Article 16.
Agencies in Customs Inspection and Quarantine shall strengthen AIDS education
and communication, and provide AIDS related supervision and counling to the people in their
rvice-ports.
Article 17.
National government encourages and supports Women’s Federation, and Red-cross
Society to take educational communication on AIDS prevention and treatment into their working
contents for women and children, to empower women in their health literacy and capacity, and to
organize their volunteer-members to participate AIDS education and communication
Article 18.
Local people’s governments and the relevant departments of the people’s
government at various levels shall take measures, encourage and support relevant organizations
and individuals to carry out educational communication, counling and supervision on AIDS
prevention and treatment to the HIV infection vulnerable groups with high-risk behaviors.
Article 19.
Mass-media, including radio, television, press and internet, shall provide
non-commercial communication on AIDS prevention and treatment.
Article 20.
Institutes, associations, profit and non-profit organizations, individual
profit-organizations shall organize their staffs to learn AIDS related law, regulations, policies and
knowledge; shall support their staffs to participate AIDS educational communication.
Article 21.
Local people’s governments at or above the county level shall provide public
counling phone-rvices on AIDS prevention and treatment in institutes of health and medicine
care.
Chapter III: Prevention and Control
Article 22.
Establish and improve the National AIDS Surveillance Network
The competent Health Department of the State Council formulates the National AIDS Surveillance
Program and Plan. The competent Health departments of the Provinces, Autonomous Regions, and
Municipalities formulate AIDS surveillance implementation and working-plan within their
administrative regions, according to the National AIDS Surveillance Program and Plan, organize
specific surveys on development of AIDS surveillance in order to understand the epidemical
changes and trend.
Agencies of dias prevention and control are responsible for surveillance activities to
understand AIDS incidence and epidemic and factors influencing the AIDS incidence and
epidemic.
Agencies of Customs Inspection and Quarantine are responsible for AIDS surveillance in people
through their ports, and report their results to the competent health department timely.
Article 23.
Voluntary system on AIDS counling and testing shall be implemented
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national-wide.
The competent health department of local people’s governments at or above the county level shall
point agencies of health and medicine to implement the voluntary counling and primary-testing
in all peoples who voluntarily coming for counling and testing, in accordance with the
formulated AIDS voluntary counling and testing method by the competent health department of
the State Council in co-operation with other relevant departments of the State Council.
Article 24.
The competent health department of the State Council in co-operation with other
relevant departments of the State Council, in accordance with the needs of AIDS prevention and
control, may establish the special conditions under which AIDS tests shall be carried out.
Article 25.
The competent health departments of the province or above, people’s governments
identify the labs for implementing the nationally required AIDS testing, in accordance with the
distribution of medical-health agencies and the epidemic of AIDS.
National Customs Inspection and Quarantine agencies shall identify the labs for implementing the
AIDS tests of people through their ports, in accordance with the criteria and practice formulated
by the competent health department of the State Council.
Article 26.
The local people’s governments and the relevant departments of the people’s
government at county level or above, in accordance with The Regulations and the AIDS
epidemic situations within their administrative regions, shall take measures, encourage and
support residents committee and villagers committee and other organizations and individuals to
promote behavioral intervention for AIDS prevention, and to help the HIV infection vulnerable
groups with high-risk behaviors change their high-risk behaviors.
Relevant organizations and individuals, when they take behavioral interventions in the HIV
infection vulnerable groups with high-risk behaviors, shall be in accordance with The
Regulations and the requirements of the national AIDS prevention and treatment program and
working plan.
Article 27.
The people’s governments at the county level or above shall establish the
coordination mechanism in their AIDS prevention and treatment as well as the works of anti-drug
abusing, organize relevant departments to implement the measures of AIDS prevention and
treatment for drug-aburs.
The departments of Health, Public Security and Drug Administration of the people’s governments
in Provinces, Autonomous Regions, and Municipalities shall support each others, in accordance
with the situations of AIDS epidemic and drug-aburs within their administrative regions, to take
active and well-prepared measures in the implementation of Drug-maintenance treatment for
drug-aburs, and other planned interventions.
Article 28.
The departments of health, population and family planning, industry and commerce,
drug administration, quality supervision, inspection and quarantine, Radio, film, and television etc.
of the people’s governments at the county level or above shall organize the promotion of condom
u, shall establish and improve the supply network of condom
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Article 29
The public location mangers, identified by the people’s governments of Provinces,
Autonomous Regions, and Municipalities, shall put condom vending machines or other tools for
condom distribution in their locations.
Article 30.
The rvants of public locations shall take regularly health-check-up and get
health-certification, in accordance with the requirements of regulations on public health
administration; the managers shall exam the health certification of their rvants. Servant without
the health certification can not carry out the work of the rvices.
Article 31.
The administrative agencies in public curity and justice shall take proper
preventive and treatment measures to HIV positives and AIDS patients among prisoners and
others who under their custody, in preventing the spread of AIDS.
Local people’s governments at the county level or above shall provide financial assurance to the
administrative agencies in public curity and justice for carrying out the preventive and
treatment measures specified in this article. Agencies of dias control and prevention shall
provide the technical supports and helps.
Article 32.
The competent health department and other relevant department of the people’s
governments at the county level or above shall take the trainings on knowledge and skills
necessary in AIDS prevention and treatment for health professionals or others who may be
infected by HIV during their business works; relevant institutes shall take effective measures in
health protection and medical care.
Article 33.
Medical care and health institutes, Customs and Inspection and Quarantine shall take
the standard precautions in their operational practice and dis-infection measures, in accordance
with the requirement of the competent health department of the State Council to prevent the
hospital acquired HIV infections and other iatrogenic infections.
Article 34.
Agencies of dias control and prevention shall carry out medical follow-up for
HIV positives and AIDS patients in accordance with the principle of regional administration.
Article 35.
Blood and single plasma collection stations shall test all human blood and plasma
collected; shall not provide human blood or plasma, either without HIV test or with the result of
HIV positive, to medical institute and blood-product manufacturer.
Blood-product manufacturer shall perform the HIV test for each of the plasma before it ud as
raw materials in the blood-product manufacturing; plasma, either without HIV test or with the
result of HIV positive, shall not be ud as raw materials in the manufacturing.
Medical institute shall perform HIV test for each of the blood ud in emergency room, shall
check the HIV test for each of the blood ud in clinics; blood, either without HIV test being
checked or with the result of HIV positive, shall not be collected or ud.
Article 36.
Human tissue, organ, cell, bone-marrow etc. shall be HIV-tested; the materials,
either without HIV testing or with the result of HIV positive, shall not be collected or ud, unless
the ud for rearch or training of AIDS prevention and treatment.
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Article 37.
Imported human blood, plasma, tissue, organ, cell, bone-marrow etc. shall be
approved by the competent health department of the State Council; imported blood-product shall
be approved by drug-administrative department of the State Council and obtained imported drug
certification, in accordance with the law of drug administration.
Approved, by the competent health department of the State Council, imported human blood,
plasma, tissue, organ, cell, bone-marrow etc shall be inspected by the agency of quality
supervision, inspection and quarantine, in accordance with the law of health quarantine and
administrative regulations. The, without quarantine or with the negative quarantine result, shall
not be imported.
Article 38.
People with HIV positive and AIDS patient shall perform the following obligations:
(1) Accept epidemiological investigation and direction of agencies of dias control and
prevention or inspection/quarantine;
(2) Inform the fact of being infected or suffering the dia to their xual partner in time;
(3) Inform the fact of being infected or suffering the dia to their medical doctor when they
come to e the doctor;
(4) Take necessary precaution measures to prevent others being infected.
People with HIV positive and AIDS patient shall not, on purpo, spread the infection to others by
any means.
Article 39.
When the agencies of dias control and prevention, and inspection/quarantine
carry out AIDS epidemiological investigation, the institute or individual being investigated shall
provide relevant facts.
Any institute or individual shall not relea the information that may be ud to identify HIV
positive, AIDS patient and their relatives, such their name, address, working institute, picture,
medical history etc.
Article 40.
The competent health department and the agency of inspection/quarantine of the
people’s government at the county level or above may al, test and disinfect the items with
evidence suggesting the items may be contaminated by HIV. Items being tested as being HIV
contaminated shall be destroyed or health-treated; items being tested as not being HIV
contaminated or after being disinfected shall relea the al in time.
Chapter IV: Treatment and Succor
Article 41.
Medical care institutions shall provide rvices of counling, diagnosis and
treatment to HIV positives and AIDS patients.
Medical care institutions shall not reject or make excu to HIV positives or AIDS patients in
treating their other dias.
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Article 42.
Staff in medical care and health institutions shall inform the person who is diagnod
as HIV positive or AIDS patient; when the person has non-behavioral capacity or limited
behavioral capacity, medical staff shall inform the fact to their guardian.
Article 43.
Medical care and health institutions shall provide counling and test on AIDS
prevention and treatment for pregnant women, and provide counling on preventing mother-child
AIDS transmission, pre-delivery direction, blocking, treatment, post-delivery direction, baby
follow-up visit, test and other rvices for the mother and her baby who is infected by HIV, in
accordance with the requirements of the directory technical protocol of preventing AIDS
transmission from mother to child formulated by the competent health department of the State
Council.
Article 44.
The people’s governments at the county level or above shall take the following
measures on AIDS prevention and treatment, care and succor:
(1) Freely to provide drugs of anti-retro-virus to rural AIDS patients and urban AIDS patient with
economic difficulties;
(2) Properly to provide free or low-cost medicine to rural and urban HIV/AIDS patients who are
in economic difficulties during the treatment of their opportunity infections;
(3) Freely to provide counling and primary test to the people who are voluntarily received the
rvices;
(4) Freely to provide counling and treatment to HIV infected pregnant women for the purpo
of preventing the mother-child AIDS transmission.
Article 45.
Orphan, who was left by AIDS patient and with economic difficulties, and
pre-matured child, who was infected by HIV, shall have free-text books/notes and
free-school-rvices when they receive their compulsory education; when they receive pre-school
and high school education they shall have low or free tuition and other relevant costs.
Article 46.
Local governments at the county level or above shall provide succor to HIV positives,
AIDS patients, and their relatives when they have economic difficulties and in accordance with the
conditions of civil alleviation.
Article 47.
Relevant departments of local governments at the county level or above shall create
the possibilities for and help the HIV positives and AIDS patients who have labor-ability in
carrying out their capable jobs and productions.
Chapter V: Assuring measures
Article 48.
The governments at the county level or above shall integrate AIDS prevention and
treatment into their economical and social development program, strengthen and improve the
building of AIDS prevention, tests, control, treatment and succor-rvice network, establish the
well-functioned AIDS prevention and treatment professional team.
The people’s governments at various levels shall include the expenditure of AIDS prevention and
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treatment into their financial budget respectively, in accordance with the needs of AIDS
prevention and treatment.
Article 49.
Local governments at the county level or above are responsible for providing the
necessary financial expenditure of AIDS prevention, control, and supervision-monitoring in
accordance with their respective functions.
The competent health department of the State Council, together with other relevant departments of
the State Council, shall identify national AIDS prevention and treatment related projects on
communication, training, surveillance, testing, epidemiological survey, medical treatment and care,
emergency management and supervision-monitoring. The central financial department of the
national government provides subsidies to the AIDS high epidemic area and the important projects
implemented in the economically under-developed area.
The people’s governments of Provinces, Autonomous Regions, and Municipalities identify the
AIDS prevention and treatment related projects, and provide the financial expenditures of the
implementation of the projects, in accordance with the AIDS epidemic trend and needs of AIDS
prevention and treatment within their administrative regions.
Article 50
The governments at the county level or above shall store anti-HIV medicines, testing
materials and other necessary materials in accordance with the AIDS epidemic trend and needs of
AIDS prevention and treatment.
Article 51.
Local governments at various levels shall formulate the supportive measures and
provide necessary financial and other supporting conditions for relevant organizations and
individuals in their AIDS prevention and treatment activities. Relevant organizations and
individuals participating AIDS prevention and treatment shall have tax-benefits in accordance
with the law.
Chapter VI. Legal liabilities
Article 52.
When local governments at various levels fail to function The Regulations to
organize, lead, assure AIDS prevention and treatment, or do not take measures of AIDS prevention
and treatment, and care and succor, the government at the above level shall order to make a
change and give public critique; when it caus AIDS transmission, epidemic, or other rious
conquences, the competent responsible person shall be given an administrative sanction; and if a
crime is constituted/established/committed, an investigation shall be carried out for criminal
liability in accordance with the law.
Article 53.
The competent health department of the people’s governments at the county level or
above commits The Regulations, and with one of the following conditions, the same level
people’s government or the competent health department of the government above shall order to
make a change and give public critique; when it caus AIDS transmission, epidemic, or other
rious conquences, the competent responsible person and other directly responsible persons
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shall be given an administrative sanction; and if a crime is constituted/established/committed, an
investigation shall be carried out for criminal liability in accordance with the law.
(1) Fail to function the education and communication duties of AIDS prevention and treatment;
(2) Fail to take control measures to the items with evidence of possible HIV contamination;
(3) Other relevant behavior in non- accordance with their respective duties.
Agencies of Customs inspection and quarantine have the above circumstance; the competent
department above shall give sanctions in accordance with this article.
Article 54.
Relevant departments of people’s governments at the county level or above fail to
function their duties on education and communication, prevention and control; the same level
people’s government or the relevant department of the government above shall order to make a
change and give public critique; when it caus AIDS transmission, epidemic, or other rious
conquences, the competent responsible person and other directly responsible persons shall be
given an administrative sanction; and if a crime is constituted/established/committed, an
investigation shall be carried out for criminal liability in accordance with the law.
Article 55.
Medical care and health institution fail to function their duties, and with one of the
following conditions, the competent health department of the government at the county level or
above shall order to make a change within a limited time period and give public critique/warning;
when it caus AIDS transmission, epidemic, or other rious conquences, the competent
responsible person and other directly responsible persons shall be given a down-position, post
taken, dismissal from the post and revoking the certification of the institution or responsible
person’s occupational permission; and if a crime is constituted/established/committed, an
investigation shall be carried out for criminal liability in accordance with the law.
(1) Fail to function the duty of AIDS surveillance;
(2) Fail to provide free counling and primary testing in accordance with The Regulations;
(3) Fail to take an AIDS testing on the blood collected in the emergency situation; fail to
check-up the result of AIDS testing on the blood ud in clinical treatment; or u HIV
positive blood in clinic;
(4) Fail to follow the standard precaution principle, or fail to perform the operational procedures
and dis-infection administration, cau AIDS infections in hospital or other iatrogenic
infections.
(5) Fail to take health protection and medical care measures;
(6) Refu or make an excu to treat other dias of HIV positives or AIDS patients;
(7) Fail to carry out medical follow-up care for HIV positives or AIDS patients;
(8) Fail to provide technical directions to HIV positive pregnant women and her babies for the
purpo of preventing mother-child AIDS transmission.
Agencies of Customs inspection and quarantine have the above circumstance (1), (4) (5); the
competent department above shall give sanctions in accordance with this article.
Article 56.
Medical care and health institution violate paragraph 2 of the article 39 of The
Regulations, publicly releasing the information of HIV positives, AIDS patients and their relatives,
shall be sanctioned in accordance with the law of prevention and treatment of infectious dias.
Agencies of Customs inspection and quarantine, family-planning technical rvices or other
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unit/individual violate paragraph 2 of the article 39 of The Regulations, publicly releasing the
information of HIV positives, AIDS patients and their relatives, the above competent department
shall order to make a change and give public critique/warning; the competent responsible person
and other directly responsible persons shall be given a sanction in accordance with the law, and if
the circumstances are rious, the permission-issuing department shall revoke the permission of
the agencies or responsible person’s certification.
Article 57.
Blood and single plasma collection stations violate The Regulations and with one
of the following conditions, if a crime is constituted/established/committed, an investigation shall
be carried out for criminal liability in accordance with the law, if not, then the competent health
department of the people’s governments at the county level or above shall give a sanction in
accordance with the law of blood donation and the regulations on blood-products administration;
when it caus AIDS transmission, epidemic, or other rious conquences, the competent
responsible person and other directly responsible persons shall be given a down-position, post
taken, dismissal from the post, and it may also revoke the certification of the blood collection
station or the single plasma collection station:
(1) Fail to carry out AIDS test for the collected human blood or plasma, or continue to collect the
HIV positive human blood or plasma;
(2) Provide human blood or plasma, with HIV positive or without AIDS testing, to medical
institution and blood-product manufacturer.
Article 58.
When any agency, that violates article 36 of The Regulation to collect or u
human tissue, organ, cell, and bone marrow etc, the competent health department of the county
people’s government shall order the agency to make a change and give public critique/warning;
when the circumstance is rious, the agency shall be stopped for operation until further notice,
the operational certification or business licen shall be revoked by the issuing department.
Article 59.
Agency of Customs Inspection and Quarantine shall ban the importation or monitor
the disposal of the imported human blood, plasma, tissue, organ, cell, bone marrow etc, which
failed to get the import-permission from the competent department of the State Council; when any
agency provides or u human blood plasma, tissue, organ, cell, bone marrow etc. which does not
be inspected by the Customs Inspection and Quarantine, the competent health department at the
county level or above shall confiscate the items and all incomes against the law, and impo a
fine of, not less than 3 and not more than 5 times, the value of the items; the competent
responsible person and other directly responsible persons shall be given a sanction, in accordance
with the law by its agency or the competent department above.
Imported blood-product without the permission of drug-administration of the State Council shall
be given a sanction in accordance with the regulations of drug administration.
Article 60.
Blood and simple plasma collection station, medical care and health institution, and
blood-product manufacturer, that violate the law and the administrative regulations and thereby
causing other person being infected by HIV, shall be assumed to have compensation liability in
accordance with the civil law.
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Article 61.
The competent health department of the people’s governments at the county level or
above shall order a warning and a change within a limited period of time to the manager of public
locations, who fails to check the health-certification of the rvants or to permit rvant without a
health certification to provide the rve, and to the manager of public location, who fails to put
condom vending machine or distribute condoms in its location which is identified by the people’s
government at Provinces, Autonomous Regions, or Municipalities. The managers may also be
impod a fine of, not less than 500 RMB and not more than 5000 RMB; when the manager fails
to make a change within the limited period of time, the business shall be ordered to stop, and when
the circumstance is rious, its business permission or licen shall be revoked by its issuing
department.
Article 62.
HIV positive or AIDS patient who on purpo spread AIDS shall have the legal
liability for compensation in accordance with the civil law, and if a crime is
constituted/established/committed, an investigation shall be carried out for criminal liability in
accordance with the law.
Chapter VII: Supplementary Provisions
Article 63.
Terms as ud in The Regulations shall have the defined meaning:
AIDS means Acquired Immune Deficiency Syndrome caud by Human Immune Virus.
Drug-maintenance treatment for drug-aburs means a maintaining treatment of using the proper
drug for drug-abur, that shall be performed within the medical care or health institution which is
permitted to carry out drug-addiction treatment, and for the purpo of relieving the
addictive-respon of the abud drug, reducing the infection and spread of HIV caud by
injecting the abud drug, and thereby reducing the dias, death, and crimes caud by the
addiction to the abud drug.
Standard precaution principle means that medical and health staff shall take all necessary
protection measures whenever they contact patients’ blood or other human body-liquid, or the item
contaminated by human blood or body-liquid, all of which shall be regarded as potentially
infectious pathogenic.
HIV infection vulnerable groups with high-risk behaviors means the groups of the people who
practice the risk-behavior of commercial x, multi-xual partners, or injecting drug u, and men
who have x with men.
AIDS surveillance means systemically and continuously to collect data about the distribution of
AIDS (or HIV infection) among various human groups and relevant factors, to comprehensively
analyze the data, for the purpo of providing timely and reliable information to relevant
department in the strategy and measures designing of AIDS prevention and control, and evaluating
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the effectiveness of the prevention and control measures.
AIDS testing means to test human blood, other body-liquid, organ tissue, blood-derivative for HIV,
HIV-antibody and relevant immune indicators. It includes the AIDS testing during surveillance,
inspection and quarantine, voluntary counling and testing, clinical diagnosis, and screening of
blood and blood-products.
Measures of behavior interventions mean various measures that can effectively reduce the spread
of AIDS. It includes: Methadone maintenance treatment for the purpo of blocking AIDS
transmission among injecting drug urs; condemn promotion and usage measures for the purpo
of blocking AIDS transmission through x, and standardized and simplified diagnostic and
treatment measures for xually transmitted dias; measures of anti-retro-virus prevention and
artificial milk-product for baby-feed etc for the purpo of blocking the mother-child AIDS
transmission; voluntary counling and testing for the purpo of early finding the HIV infection
and helping risk behavior change; health education measures and peer-education for the purpo
of raising individual health literacy and reducing risk behavior. .
Article 64.
The Regulations shall be effective as of the date of March 1, 2006.
Several provisions on AIDS surveillance administration verified by the State Council on
December 26 1987 and promulgated by Ministry of Health, Ministry of Foreign Affairs, Ministry
of Public Security, ex-National Education Committee, National Tourism Administration,
ex-Chine Civil Aviation Administration, and National Foreign Exports Administration on
January 14, 1988 shall be repealed simultaneously.
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