Several Hot Legal Issues in Epidemic Prevention and Control

 

 

 

Several Hot Legal Issues in Epidemic Prevention and Control

 

 

 

Unit: Guangdong Legal Shengbang Law Firm

 

 

 

 

In order to help the public understand the relevant legal knowledge in epidemic prevention and control work, enhance the public's awareness of epidemic prevention and control laws, and provide legal support for the government's response to the epidemic, the Legal Shengbang Criminal Business Department has specially sorted out the hot legal issues of epidemic prevention and control that are currently of great concern to the internet, including "Several Hot Criminal Legal Issues of Epidemic Prevention and Control", "Overview of Common Criminal Crimes During the Epidemic" In the current epidemic situation, the production and sales of counterfeit and shoddy masks, as well as the possible criminal responsibility of driving up the price of masks, may bear. On this basis, this issue specially introduces "Several Hot Legal Issues in Epidemic Prevention and Control" for the public to refer to in epidemic prevention and control work and daily life.

 

 

 

1、 Several hot legal issues related to current epidemic prevention and control

 

（1） What is a public health emergency?

（2） How are the categories of infectious diseases regulated by Chinese law?

（3） What is the "Class B disease and Class A management" of infectious diseases?

（4） What measures have been taken to prevent and control Class A infectious diseases in pneumonia infected by novel coronavirus?

（5） How to determine the close contacts of pneumonia cases infected by novel coronavirus?

（6） How should sewage, dirt, feces, etc. contaminated with infectious disease pathogens be treated?

（7） What are the management requirements for close contacts of pneumonia cases infected with novel coronavirus?

（8） How should units and individuals report pneumonia patients or suspected patients infected with novel coronavirus?

（9） What should we do if we find pneumonia patients infected with novel coronavirus on public transport?

2、 Specific answers to legal issues

（1） What is a public health emergency?

According to Article 2 of the Emergency Regulations for Public Health Emergencies, public health emergencies refer to major infectious disease outbreaks, group diseases of unknown causes, major food and occupational poisoning, and other events that suddenly occur and cause or may cause serious damage to public health.

（2） How are the categories of infectious diseases regulated by Chinese law?

Article 3 of the Law on the Prevention and Control of Infectious Diseases stipulates: "The infectious diseases stipulated in this law are divided into Class A, Class B, and Class C.

Class A infectious diseases refer to pestis and cholera.

    Class B infectious diseases refer to: infectious atypical pneumonia, AIDS, viral hepatitis, poliomyelitis, human infection with highly pathogenic avian influenza, measles, epidemic hemorrhagic fever, rabies, epidemic encephalitis B, dengue fever, anthrax, bacterial and amebic dysentery, tuberculosis, typhoid and paratyphoid fever, epidemic cerebrospinal meningitis, pertussis, diphtheria, neonatal tetanus, scarlatina, brucellosis, gonorrhea Syphilis, leptospirosis, schistosomiasis, malaria.

   Class C infectious diseases refer to: influenza, mumps, rubella, acute hemorrhagic conjunctivitis, leprosy, epidemic and endemic typhus, kala azar, echinococcosis, filariasis, infectious diarrhea other than cholera, bacterial and amebic dysentery, typhoid and paratyphoid.

The health administrative department of the State Council may decide to increase, reduce, or adjust the types of Class B and Class C infectious diseases based on the outbreak, prevalence, and degree of harm of infectious diseases, and make them public

（3） What is the "Class B disease and Class A management" of infectious diseases?

Article 4 of the Infectious Disease Prevention and Control Law stipulates that: For Class B infectious diseases such as infectious atypical pneumonia, pulmonary anthrax in anthrax, and highly pathogenic avian influenza in humans, the prevention and control measures referred to in this Law for Class A infectious diseases shall be taken. For other Class B infectious diseases and infectious diseases of unknown sudden causes that require the prevention and control measures referred to in this Law for Class A infectious diseases, the health administrative department of the State Council shall promptly report to the State Council for approval before announcing and implementing them.

If it is necessary to lift the prevention and control measures for Class A infectious diseases taken in accordance with the provisions of the preceding paragraph, the health administrative department of the State Council shall report to the State Council for approval before announcing them.

The people's governments of provinces, autonomous regions, and municipalities directly under the central government may, based on the situation, decide to manage other common and frequently occurring local infectious diseases within their respective administrative regions according to Class B or Class C infectious diseases and make them public, and report them to the health administrative department of the State Council for the record

On January 20, the National Health Commission issued Announcement No. 1 in 2020, stating that pneumonia infected by novel coronavirus is included in Class B infectious diseases and is subject to Class A management.

（4） What measures have been taken to prevent and control Class A infectious diseases in pneumonia infected by novel coronavirus?

The Infectious Disease Prevention and Control Law provides detailed measures for the prevention and control of Class A infectious diseases, as follows:

Article 39: When medical institutions discover Class A infectious diseases, they shall promptly take the following measures:

（1） Patients and pathogen carriers shall be isolated for treatment, and the isolation period shall be determined based on medical examination results;

（2） For suspected patients, isolate and treat them separately in a designated place before diagnosis;

（3） Medical observation and other necessary preventive measures shall be taken at designated locations for patients, pathogen carriers, and close contacts of suspected patients within medical institutions. 

If a person refuses to undergo isolation treatment or leaves isolation treatment without authorization before the end of the isolation period, the public security organ may assist the medical institution in taking compulsory isolation treatment measures.

Medical institutions must disinfect and dispose of places, items, and medical waste contaminated by infectious disease pathogens within their own units in accordance with laws and regulations.

Article 44: When a Class A infectious disease occurs, in order to prevent the spread of the disease through means of transportation and their personnel and materials, traffic health quarantine may be implemented. The specific measures shall be formulated by the State Council.

Article 46: In order to investigate the causes of infectious diseases, medical institutions may, when necessary, conduct autopsies on the bodies of infectious disease patients or suspected infectious disease patients in accordance with the regulations of the health administrative department of the State Council, and shall inform the families of the deceased.

（5） How to determine the close contacts of pneumonia cases infected by novel coronavirus?

On February 6, 2020, the General Office of the National Health Commission issued the novel coronavirus Pneumonia Prevention and Control Plan (Fourth Edition), which clearly defined the criteria for determining close contacts with novel coronavirus infected pneumonia:

Close contacts refer to those who have one of the following contact situations with suspected cases, clinically diagnosed cases (limited to Hubei Province), and confirmed cases, but have not taken effective protection after testing positive for asymptomatic infections:

    1. People who live, study, work together, or have close contact with others, such as working closely or sharing the same classroom or living in the same house;

    2. Medical staff, family members, or other personnel who have similar close contact for diagnosis, treatment, nursing, or visiting cases, such as visiting or staying in a closed environment, and other patients and their accompanying personnel in the same ward;

    3.Take the same transportation vehicle and have close contact with personnel, including caregivers, peers (family, colleagues, friends, etc.) on the transportation vehicle, or other passengers and crew members who have been investigated and evaluated to discover potential close contact cases and asymptomatic infections.

4.After on-site investigation, the investigators have evaluated and found that other personnel meet the criteria for determining close contacts.

（6） How should sewage, dirt, feces, etc. contaminated with infectious disease pathogens be treated?

Article 27 of the Law on the Prevention and Control of Infectious Diseases stipulates that relevant units and individuals must, under the guidance of disease prevention and control institutions or in accordance with their hygiene requirements, carry out strict disinfection treatment of sewage, sewage, places and items contaminated by infectious disease pathogens; Those who refuse disinfection treatment shall be subjected to compulsory disinfection treatment by the local health administrative department or disease prevention and control institution.

（7） What are the management requirements for close contacts of pneumonia cases infected with novel coronavirus?

On February 6, 2020, the General Office of the National Health Commission issued the Prevention and Control Plan for novel coronavirus Pneumonia (Fourth Edition), and its management requirements are as follows:

1.Contact management.

   Local health administrative departments, in conjunction with relevant departments, organize and implement medical observation of close contacts. Those who refuse to execute may be assisted by the local public security organs in taking compulsory quarantine measures.

    (1) When conducting medical observation, the reason, deadline, legal basis, precautions, and disease related knowledge of the medical observation should be communicated in writing or orally, as well as the medical and health institutions responsible for medical observation, their contacts, and contact information.

    (2) Close contacts should undergo centralized isolation and medical observation. Areas that do not meet the conditions can undergo home isolation and medical observation, and the management of home observation objects should be strengthened. The medical observation period is 14 days after the last unprotected contact with the case or asymptomatic carrier. Close contacts of confirmed cases and asymptomatic infected individuals who test negative during medical observation must continue until the observation period expires. After the suspected case is ruled out, its close contacts can be relieved of medical observation.

(3) Centralized or home based medical observation objects should reside relatively independently, minimize contact with co residents, do a good job in cleaning and disinfecting medical observation places, and avoid cross infection. For specific content, please refer to the "Specific Place Disinfection Technology Plan (Second Edition)". During the observation period, it is not allowed to go out. If it is necessary to go out, it can only be approved by the medical observation management personnel, and disposable surgical masks should be worn to avoid going to crowded places.

(4) For general contacts other than those who travel by plane, train, and ship, as well as those who have close contact in daily life, study, and work, health risk notification should be provided. They should be advised to seek medical attention in a timely manner if they experience symptoms of respiratory infections such as fever and cough, as well as symptoms such as diarrhea and conjunctival congestion, and actively inform them of their recent activity history.

2. Measures during medical observation.

(1) During medical observation, the following measures should be taken:

① Personnel of designated medical and health institutions shall take temperature measurements of close contacts in the morning and evening every day, inquire about their health status, fill in the medical observation record form of close contacts, fill in the Medical Observation Registration Form of Close Contacts of novel coronavirus Pneumonia Cases (Attached Table 3), and give necessary help and guidance. The Daily Statistical Report of Medical Observation of Close Contacts of novel coronavirus Pneumonia Cases (Attached Table 4) and the Daily Statistical Summary Table of Medical Observation of Close Contacts of novel coronavirus Pneumonia Cases (Attached Table 5) are for reference when summarizing the medical observation of close contacts in various regions.

② Personnel conducting medical observation should take personal protective measures, as shown in the "Personal Protection Plan for Specific Personnel (Second Edition)".

(2) During medical observation, if close contacts experience any symptoms (including fever, chills, dry cough, phlegm, nasal congestion, runny nose, sore throat, headache, fatigue, muscle pain, joint pain, shortness of breath, difficulty breathing, chest tightness, conjunctival congestion, nausea, vomiting, diarrhea, and abdominal pain), they should immediately report to the local health department and be sent to designated medical institutions for treatment according to regulations, Collect specimens for laboratory testing and investigation. If the investigation results are suspected cases, clinically diagnosed cases (limited to Hubei Province), or confirmed cases, medical observation should be conducted on personnel in close contact with them.

(3) At the end of the medical observation period, if there are no abnormalities in close contacts, the medical observation should be promptly terminated.

   （8） How should units and individuals report pneumonia patients or suspected patients infected with novel coronavirus?

Article 31 of the Infectious Disease Prevention and Control Law stipulates that any unit or individual shall promptly report to nearby disease prevention and control institutions or medical institutions when discovering infectious disease patients or suspected infectious disease patients.

On February 6, 2020, the General Office of the National Health Commission issued the "novel coronavirus Pneumonia Prevention and Control Plan (Fourth Edition)", which stipulates the "case report" as follows: when medical and health institutions at all levels and of all types find suspected cases, clinically diagnosed cases (only in Hubei Province), confirmed cases, and asymptomatic infections, they should report directly online within 2 hours. The current address of the case in the infectious disease report card should be filled in with the place of residence at the time of the case's onset, detailed information such as village, group, community, and house number that can be followed up with the case. After receiving the report, the disease control institution should immediately investigate and verify, and complete the three-level confirmation review of the report information through the online direct reporting system within 2 hours. Medical institutions that do not meet the conditions for online direct reporting should immediately report to the local county (district) level disease control institution and send out the completed infectious disease report card within 2 hours; After receiving the report, county (district) level disease control institutions should immediately conduct online direct reporting and correct subsequent information.

   （9） What should we do if we find pneumonia patients infected with novel coronavirus on public transport?

Article 38 of the Emergency Regulations for Public Health Emergencies stipulates that if infectious disease patients or suspected infectious disease patients who need to take emergency control measures in accordance with the regulations of the competent health administrative department of the State Council are found on the transportation vehicle, their responsible persons shall notify the front stop as soon as possible and report to the operating unit of the transportation vehicle. The front parking points and operating units of transportation vehicles shall immediately report to the administrative department of the transportation operation unit and the health administrative department of the local people's government at or above the county level. After receiving the report, the health administrative department shall immediately organize relevant personnel to take corresponding medical treatment measures.

Close contacts of infectious disease patients on transportation vehicles shall be controlled by the health administrative departments or railway, transportation, and civil aviation administrative departments of the people's governments at or above the county level at the stopping points of transportation vehicles, in accordance with their respective responsibilities and in accordance with the provisions of infectious disease prevention and control laws and administrative regulations.