国务院令第254号
颁布日期：19981128 推行日期：19990301 颁布单位：国务院
Article 1 These Regulations are formulated2 in accordance with the provisions of the Infectious Diseases Prevention and Treatment Law of the People's Republic of China with a view to controlling the spread of quarantine infectious diseases through means of communication as well as passengers, crews and materials thereon, preventing the epidemic3 of quarantine infectious diseases and protecting people's physical health.
Article 2 In the event of discovery of epidemic situation on quarantine infectious diseases on trains, vessels4, aircraft and other vehiclesthat enter or exit quarantine infectious disease epidemic area or on means of communication in non-quarantine infectious disease epidemic area, communications health quarantine shall be carried out on the means of communication and the passengers, crews and materials thereon pursuant to these Regulations.
Border health quarantine at ports, airports of international traffic as well as ports of land border and boundary rivers of the People's Republic of China shall be carried out pursuant to the provisions of the Border Health Quarantine Law of the People's Republic of China.
Article 3 The quarantine infectious diseases referred to in these Regulations mean the plague, cholera5 as well as other infectious diseases determined6 and announced by the State Council.
Diagnosis7 standards for quarantine infectious diseases shall be implemented8 pursuant to the relevant state health standards and the provisions of the department of public health administration under the State Council.
Article 4 The department of public health administration under the State Council shall be in charge of the work of supervision9 and administration of domestic communications health quarantine nationwide.
Departments of public health administration of local people's governments above the county level shall be responsible for the work of supervision and administration of domestic communications health quarantine within their respective administrative10 areas.
Competent public health institutions of the competent departments of railways, communications and civil aviation administration shall, pursuant to the relevant laws and regulations and the pision of duties and responsibilities laid down by the department of public health administration under the State Council in conjunction with the competent departments of railways, communications and civil aviation administration respectively, be responsible for the work of domestic communications health quarantine within their respective scope of duties and responsibilities.
Article 5 People's governments of the provinces, autonomous11 regions and municipalities directly under the Central Government shall, pursuant to the provisions of the Infectious Diseases Prevention and Treatment Law, determine quarantine infectious disease epidemic area and decide on the implementation12 of communications health quarantine of the means of communication as well as the passengers, crews and materials carried thereon that enter or exit the epidemic area.
Article 6 With respect to the means of communication and the passengers, crews and materials carried thereon that enter or exit the quarantine infectious disease epidemic area, the department of public health administration of local people's government above the county level or the competent public health institutions of the competent departments of railways, communications and civil aviation administration have the power to take the following corresponding measures for communications health quarantine in accordance with their respective duties and responsibilities:
to check and inspect the personnel, means of communication and the materials carried by them that enter or exit the quarantine infectious disease epidemic area;
to carry out temporary isolation13, medical inspection14 and other emergency medical measures for patient of quarantine infectious disease,pathogen carrier, suspected patient of quarantined infectious diseaseand those who have had close contact with them;
to impose control over and carry out sanitary15 treatment of articles contaminated by pathogen of quarantine infectious disease or of those articles that may have been contaminated;
to carry out emergency sanitary treatment of the means of communication passing through the said epidemic area and their parking site; and
other health quarantine measures that are required to be taken.
The duration of adoption18 of the communications health quarantine measures listed in the preceding paragraph starts as of the time of decision of imposition to the time of decision of termination.
Article 7 In the event of discovery of any of the following circumstances on means of communication in a non-quarantine infectious disease epidemic area, the department of public health administration of people's government above the county level or the competent public health institutions of the competent departments of railways, communications and civil aviation administration have the power to impose communications health quarantine on the means of communication and the passengers, crews and materials carried thereon in accordance with their respective duties and responsibilities:
discovery of rodents19 infected with the plague or abnormal death of rodents, and the cause of death is unknown;
discovery of patient of the plague or cholera, pathogen carrier, suspected patient of the plague or cholera; and
discovery of other infectious diseases determined and announced by the State Council that call for imposition of domestic communications health quarantine.
In the event of discovery of any of the circumstances listed in the preceding paragraph on the trains, vessels and aircraft operating in non-quarantine infectious disease epidemic area transcending20 the provinces, autonomous regions and municipalities directly under the Central Government, the department of public health administration under the State Council may, in conjunction with the competent departments of railways, communications and civil aviation administration respectively, decide to impose communications health quarantine on the said trains, vessels and aircraft and direct the trains, vessels and aircraft not to sTOP at or berth16 or pass through ports, airports or railway stations; however, suspension of trunk line traffic or cordon21 of border area for the imposition of communications health quarantine shall be subject to the decision of the State Council.
Article 8 In the event of discovery of patients of quarantine infectious disease, pathogen carrier and suspected patient of quarantine infectious disease on means of communication in non quarantine infectious disease epidemic area, the Person-in charge of the means of communication shall organize the relevant personnel to take the following temporary measures:
to notify the point of sTOPpage or berthing ahead in the fastest way and report to the competent department of the operational unit of the means of communication;
to impose isolation on the patient of quarantine infectious disease, pathogen carrier, suspected patient of quarantine infectious disease and those who have had close contact with them;
to cordon off the area already contaminated or the area that may have been contaminated, and to take measures to prohibit the discharge of contaminants and other measures of sanitary treatment;
to hand over the passenger list of patient of quarantine infectious disease, pathogen carrier, suspected patient of quarantine infectious disease and those who have had close contact with them as well as other passengers that call for follow-up observation to the department of public health administration of people's government above the county level at the designated point of sTOPpage or berthing; and
to carry out sanitary treatment of the means of communication that have carried patient of quarantine infectious disease, pathogen carrier and suspected patient of quarantine infectious disease and the environment under possible contamination.
Departments of public health administration of people's governments above the county level of localities of sTOPpage or berthing of means of communication or the competent public health institutions of the competent departments of railways, communications and civil aviation administration shall, in accordance with their respective duties and responsibilities and in pursuance of the provisions of the Infectious Diseases Prevention and Treatment Law, take control measures.
Article 9 Departments of public health administration of local people's governments above the county level or competent public health institutions of competent departments of railways, communications and civil aviation administration shall, in accordance with their respective duties and responsibilities, impose communications health quarantine on the means of communication whereon quarantine infectious disease epidemic situation has been discovered as well as the passengers, crews and materials carried thereon that enter or exit the quarantine infectious disease epidemic area or non-quarantine infectious disease epidemic area; where quarantine has been passed, a certificate of passing quarantine shall be issued. The means of communication as well as the passengers, crews and materials carried thereon may pass on the strength of the certificate of passing quarantine.
The format22 of the certificate of passing quarantine shall be determined by the department of public health administration under the State Council in consultation23 with the competent departments of railways, communications and civil aviation administration under the State Council.
Article 10 With respect to the patient of quarantine infectious disease, pathogen carrier, suspected patient of quarantine infectious disease and those who have had close contact with them who refuse to be subjected to isolation, treatment or detention24 for check-up as well as the means of communication, sites of sTOPpage or berthing and materials that may possibly spread quarantine infectious disease which reject inspection and sanitary treatment, the department of public health administration of people's government above the county level or the competent public health institutions of the competent departments of railways, communications and civil aviation administration shall, in accordance with their respective duties and responsibilities and in pursuance of the provisions of the Infectious Diseases Prevention and Treatment Law, take mandatory25 quarantine measures; whenever necessary, people's government above the county level of the locality shall organize the public security department to provide assistance.
Article 11 Department of public health administration of people's government of the province, autonomous region and municipality directly under the Central Government of the locality of the epidemic area shall, upon the outbreak of the quarantine infectious disease epidemic, notify the competent public health institutions of the relevant competent departments of railways, communications and civil aviation administration of the epidemic situation. The competent public health institutions shall, upon receipt of the notice of epidemic situation, inform the operational unit of the means of communication concerned in time. Report, circular and announcement on quarantine infectious disease epidemic information shall be made pursuant to the provisions of the Infectious Diseases Prevention and Treatment Law and its Measures for Implementation.
Article 12 The department of public health administration under the State Council shall, pursuant to the provisions of the Infectious Diseases Prevention and Treatment Law, step up the supervision and administration of prevention and treatment of quarantine infectious diseases, and draw up the plan for the implementation of domestic communications health quarantine pursuant to the provisions of these Regulations in conjunction with the competent departments of railways, communications and civil aviation administration.
Article 13 Patient of quarantine infectious disease, pathogen carrier, suspected patient of quarantine infectious disease and those who have had close contact with him/her/them that conceal the truth or evade communications health quarantine shall, in accordance with the pision of their respective duties and responsibilities, be ordered by the department of public health administration of local people's government above the county level or the competent public health institutions of railways, communications and civil aviation administration to make a rectification26 within the specified27 time period, be administered a warning and be concurrently28 imposed a fine of less than RMB 1000 Yuan; whoever refuses to be subjected to check-up and inspection and sanitary treatment shall be administered a warning and may concurrently be imposed a fine of more than RMB 1000 Yuan less than RMB 5000 Yuan; where there are serious circumstances giving rise to the spread of quarantine infectious disease or having serious danger of spreading that constitute a crime, criminal liability shall be investigated according to law.
Article 14 The person-in-charge of the means of communication who fails to take measures pursuant to the provisions of these Regulations upon discovery of patient of quarantine infectious disease, pathogen carrier and suspected patient of quarantine infectious disease on the means of communication in non-quarantine infectious disease epidemic area shall be ordered by the department of public health administration of local people's government above the county level or the competent public health institutions of the competent departments of railways, communications and civil aviation administration to make a rectification, be administered a warning, and be concurrently imposed a fine of more than RMB 1000 Yuan less than RMB 5000 Yuan in accordance with their respective duties and responsibilities; where there are serious circumstances giving rise to the spread of quarantine infectious disease or having serious danger of spreading that constitute a crime, criminal liability shall be investigated according to law.
Article 15 The department of public health administration of local people's government above the county level or the competent public health institutions of the competent departments of railways, communications and civil aviation administration that fail to impose temporary isolation, carry out medical inspection and take other emergency medical measures according to law as well as fail to exercise necessary control over and effect sanitary treatment according to law of the articles, the means of communication and the site of its sTOPpage or berthing which have been contaminated by the quarantine infectious disease pathogen or those articles which might have been contaminated shall be ordered by its competent department of administration at the next higher level to make a rectification within the specified time period, the person-in-charge directly responsible and other persons directly responsible shall be imposed administrative sanctions according to law; where there are serious circumstances giving rise to the spread of quarantine infectious disease or having serious danger of spreading that constitute a crime, criminal liability shall be investigated according to law.
Article 16 These Regulations shall enter into force as of March 1, 1999. The Control Measures for Railway Transport Quarantine approved by the State Council on September 19, 1985 and promulgated by the Ministry29 of Railways and the Ministry of Public Health on October 12, 1985 is simultaneously30 superseded31.
