In order to further enhance the openness and transparency of legislation and improve the quality of legislation, the Department of Justice of Liaoning Province now publishes the full text of the Emergency Regulations for Public Health Emergencies in Liaoning Province (Draft) to solicit opinions from all walks of life. Relevant units and people from all walks of life are welcome to log on to the extranet of Liaoning Provincial Department of Justice (sft.ln.gov.cn) before June 25th, 2021, and put forward opinions on the draft for comment. The opinions of relevant units and people from all walks of life can be mailed to the Justice Department of Liaoning Province by letter or e-mail.
Box: lnssftlfec@163.com
Mailing address: Room 326, A, No.38 Chongshan East Road, Huanggu District, Shenyang.
Postal code: 110032
Emergency Regulations for Public Health Emergencies in Liaoning Province (Draft)
(Draft for Comment)
Chapter I General Provisions
the first? In order to effectively prevent and respond to public health emergencies, control and eliminate the hazards caused by public health emergencies, protect public life safety and health, and maintain normal social order, these Regulations are formulated in accordance with relevant laws and regulations and combined with the actual situation of this province.
the second? These Regulations shall apply to the prevention and emergency preparedness, monitoring and early warning, emergency treatment, medical treatment, emergency support, supervision and management of public health emergencies within the administrative area of this province.
The term "public health emergencies" as mentioned in these Regulations refers to the sudden occurrence of major infectious diseases, group diseases with unknown causes, major food and occupational poisoning and other events that seriously affect public health and require emergency measures.
The grading standards for public health emergencies shall be implemented in accordance with the relevant provisions of the state.
Article? The emergency work of public health emergencies should adhere to the people first, life first, follow the policy of putting prevention first, combining prevention with treatment, and giving priority to health, adhere to the unified leadership of party committees, the responsibility of governments at different levels, and the participation of society, implement the responsibilities of territories, departments, units and individuals, and respond scientifically, legally and accurately.
Article 4? The people’s governments of provinces, cities and counties (including county-level cities and districts, the same below) shall strengthen the organization, leadership and overall coordination of the emergency work of public health emergencies within their respective administrative areas, improve the emergency plan, establish and improve the emergency work mechanism, incorporate the emergency work of public health emergencies into the national economic and social development plan, and include the required funds in the fiscal budget at the corresponding level.
Article 5? After the occurrence of public health emergencies, the people’s governments of provinces, cities and counties may set up emergency command institutions for public health emergencies according to the needs of emergency work, and be responsible for organizing, coordinating and directing the emergency work for public health emergencies.
The people’s governments of provinces, cities and counties shall establish an inter-departmental joint prevention and control mechanism for public health emergencies, organize all forces to participate in the emergency work of public health emergencies in an orderly manner, conduct risk consultation and judgment on a regular basis, strengthen information reporting, resource sharing, countermeasure coordination and division of labor and cooperation, and do a good job in the prevention and preparation of public health emergencies.
Article 6? Provincial, municipal and county people’s government health authorities are responsible for organizing the implementation of emergency monitoring and early warning, emergency response, risk assessment, incident reporting, information release, medical treatment and other related work.
The relevant administrative departments of development and reform, science and technology, education, industry and informatization, public security, civil affairs, judicial administration, finance, human resources and social security, urban and rural housing construction, transportation, agriculture and rural areas, commerce, emergency management, foreign affairs, market supervision, medical security, grain and material reserves, drug supervision, customs and other institutions directly under the central government in Liaoning shall, within their respective functions and duties, do a good job.
Article 7? Establish and improve the social mobilization mechanism, organize patriotic health campaigns, advocate civilized and healthy lifestyles, enhance the public’s awareness of public health risks, improve the cognitive level of public health emergencies and the ability to prevent self-help and mutual rescue.
Trade unions, the Communist Youth League, women’s federations, the Red Cross and other people’s organizations and mass organizations, as well as medical associations, preventive medical associations and other industry organizations shall, according to their respective functions and duties, do a good job in emergency response to public health emergencies.
Organs, enterprises, institutions, social organizations and individuals within the administrative region of this province shall implement their own responsibilities in accordance with the relevant provisions of the state and the province, actively participate in and cooperate with the emergency work of public health emergencies.
Residents’ committees and villagers’ committees shall organize residents, villagers and units in their respective jurisdictions to participate in, assist and cooperate with the emergency work of public health emergencies.
Article 8? All units and individuals shall abide by the provisions of relevant laws and regulations, obey the decisions and orders issued by the government and its relevant departments, and cooperate with the government and its relevant departments to implement measures for the prevention and disposal of public health emergencies according to law.
Article 9? The people’s governments of provinces, cities and counties shall, in accordance with the relevant provisions of the state and the province, commend and reward the units and individuals that have made outstanding contributions in the emergency handling of public health emergencies.
Chapter II Emergency Preparedness
Article 10? The provincial people’s government according to the national emergency plan for public health emergencies, city and county people’s governments according to the provincial emergency plan for public health emergencies, combined with the actual situation, formulate emergency plans for public health emergencies in their respective administrative areas.
The relevant government departments and sub-district offices shall, according to the emergency plan of the people’s government at the same level, and the township (town) people’s government shall, according to the emergency plan of the people’s government at the next higher level, formulate the emergency plan of their own departments and regions in combination with their respective responsibilities.
The management units of public transport, public places and other crowded places shall formulate their own emergency plans.
Article 11? The people’s governments at the provincial, municipal and county levels shall regularly organize relevant departments to carry out emergency drills according to the emergency plan for public health emergencies, and the units preparing emergency plans shall conduct emergency drills regularly or according to actual needs, and timely revise the emergency plans according to the problems found in the emergency drills for public health emergencies.
Article 12? Establish and improve the disease prevention and control system with provincial, city and county disease prevention and control institutions and various specialized disease prevention and control institutions as the backbone, medical institutions as the support, grassroots medical and health institutions as the net, combining prevention and control, and coordinating the whole society.
Article 13? Fully guarantee and give full play to the technical support role of medical and health professional institutions such as disease prevention and control institutions in monitoring and early warning, risk assessment, epidemiological investigation, inspection and testing, and emergency response.
Disease prevention and control institutions, health and health supervision institutions shall set up health emergency related departments, equipped with full-time (part-time) staff to meet the needs of the work.
Medical institutions above the second level shall set up health emergency departments, equipped with full-time (part-time) staff to undertake health emergency work. Community health service centers, township hospitals and other medical and health institutions shall designate special persons to be responsible for health emergency work.
Article 14? The health department shall guide and urge medical institutions to carry out the duties of disease prevention and control, and establish a medical and preventive coordination mechanism between medical institutions and disease control institutions, in which personnel, information and resources are exchanged and supervision and supervision are mutually restricted; Strengthen the training of public health skills for medical staff, and improve the ability of monitoring, reporting, investigation, sampling and infection control of public health emergencies.
Article 15? Establish a public health laboratory testing network with disease prevention and control institutions as the main body, medical institutions, universities and scientific research institutes, third-party testing institutions and other coordinated linkages to enhance public health testing capabilities.
The health department should strengthen the biosafety management and quality control of the detection network of public health laboratories.
Article 16? Establish and improve the medical treatment system for public health emergencies in peacetime and wartime. Set up provincial, municipal and county-level designated hospitals or designated treatment bases for public health emergencies, and form an emergency medical treatment network composed of designated hospitals (bases), other medical institutions and primary medical and health institutions.
Article 17? Establish and improve the emergency materials classification guarantee system for public health emergencies, and establish an emergency materials guarantee system with complete types, dynamic adjustment, physical reserves and capacity reserves as one. Public health emergencies emergency material reserves shall be managed by catalogue, the reserve quantity and reserve mode shall be determined, and the storage, utilization and rotation mechanism of reserve materials shall be improved.
Joint examination of market access for urgently needed drugs, medical devices and epidemic prevention materials; Timely ensure the supply of emergency materials through international and domestic market procurement and starting reserve production capacity; Establish an orderly and efficient emergency logistics system to ensure the rational dispatch and rapid distribution of materials.
Article 18? Establish a public health emergency expert database composed of experts in public health, clinical medicine, Chinese medicine, health inspection and quarantine, emergency management, health economy, food safety, psychology, society and law.
The provincial health department can select some experts from the expert database to set up a public health expert committee to provide decision support for emergency handling of public health emergencies.
Article 19? The provincial and municipal people’s governments shall establish a reserve system of daily necessities and an emergency decision-making mechanism, and clarify the conditions and procedures for the emergency launch of daily necessities reserves.
During the period of emergency response to public health emergencies, the market supervision department should strengthen market supply guarantee, supervision and law enforcement, resolutely crack down on counterfeit and shoddy products, and investigate and punish illegal acts such as price gouging and hoarding according to law.
Article 20? Promote the complementary convergence of basic medical insurance, serious illness insurance, serious illness relief and other security policies; Explore the establishment of a medical fee exemption system for special groups and specific diseases; Coordinate the use of medical security funds and public health service funds.
Encourage commercial insurance institutions to develop emergency insurance products related to public health emergencies.
Article 21? Give full play to the supporting role of big data, cloud computing, blockchain, artificial intelligence, Internet of Things and other information technologies in monitoring and analysis, investigation and traceability, prevention and treatment, resource allocation, etc., and continuously improve the level of intelligent prevention and control by improving the electronic certificate such as "Liaoshitong Health Code" and the complexity of intelligent information collection and verification terminals.
Chapter III Monitoring and Early Warning
Article 22? The people’s governments of provinces, cities and counties shall establish and improve the monitoring and early warning system of public health emergencies in provinces, cities and counties in accordance with relevant state regulations and local conditions; Enhance the ability of early monitoring and early warning, improve the construction of multi-channel monitoring posts, and establish a multi-point trigger mechanism for intelligent early warning.
Article 23? Medical and health institutions are responsible for the daily monitoring and information reporting of public health emergencies within the scope of their duties.
Disease prevention and control institutions are responsible for the daily monitoring of public health emergencies, collecting, verifying and summarizing the monitoring information provided by various medical and health institutions at all levels, relevant scientific research institutions, drug retail enterprises and customs, tracking and judging the risk of emerging infectious and epidemic diseases, synthesizing the relevant monitoring situation at home and abroad, forming a monitoring analysis report and reporting it to the health department at the same level.
Article 24? According to the relevant provisions of the state, combined with the actual situation of this province, the establishment of public health emergencies information reporting system, improve the public health emergencies reporting system, establish and improve the network direct reporting mechanism.
Medical and health personnel and relevant personnel who find clues about the occurrence or possible occurrence of public health emergencies shall report to their own units and local disease prevention and control institutions according to law. The disease prevention and control institutions, medical and health institutions and related institutions that are informed of the situation shall report to the health department at the same level in a timely manner, and the health department shall report to the people’s government at the same level and the health department at a higher level in a timely manner.
Article 25? When public health emergencies occur or may occur, the provincial health department shall promptly report to the provincial people’s government and the national health department. And inform the customs, neighboring provinces and relevant provincial health departments.
Article 26? Any unit or individual has the right to report the hidden dangers of public health emergencies to the people’s government and its relevant departments.
The relevant government departments shall establish a mechanism for acceptance, investigation and handling, ensure the smooth reporting channels, and safeguard the legal rights and interests of the reporters such as personal information security and personal safety according to law.
Article 27? After receiving the monitoring and analysis report, information report, bulletin and social report of public health emergencies, the health department shall immediately organize professional institutions and experts to carry out on-site investigation and evidence collection, pre-disposal, scientific analysis and comprehensive judgment, and put forward early warning suggestions or start emergency plan suggestions according to the urgency, development trend and possible harm.
The people’s governments of provinces, cities and counties shall, according to the suggestions in the preceding paragraph, issue an early warning or start an emergency plan according to law.
Article 28? The people’s governments of provinces, cities and counties shall, in accordance with the relevant provisions of the state, release information on the development and emergency response of public health emergencies and relevant suggestions, tips and guidelines, strengthen communication and interaction with the public, and respond to social concerns in a timely manner.
The news media shall report the emergency management of public health emergencies in a timely, objective and fair manner, and supervise the acts that violate the emergency management of public health emergencies by public opinion.
Chapter IV Emergency Disposal
Article 29? After the occurrence of public health emergencies, the health department shall organize experts from relevant professional institutions to make a comprehensive evaluation, judge the types and levels of public health emergencies and the types of infectious diseases according to the relevant provisions of the state and the province, and put forward suggestions to the people’s government at the same level on whether to start emergency response.
The people’s governments of provinces, cities and counties shall determine the emergency response level according to the level of public health emergencies, and may delimit the regional risk level according to the needs.
Article 30? The provincial people’s government can issue decisions, orders, notices, etc. on taking temporary emergency management measures in terms of medical and health care, epidemic prevention management, isolated observation, crossing management, transportation, community management, site management, labor security, city appearance and environment, animal epidemic prevention, etc. on the premise that it does not contravene the Constitution, laws and administrative regulations and the basic principles of local regulations of this province.
Authorized by the provincial people’s government, a notice can be issued in the name of the emergency command organization for public health emergencies.
Decisions, orders and notices issued in accordance with the provisions of the preceding two paragraphs shall be announced to the public through press conferences, government websites and other means.
Article 31? The emergency measures taken by the people’s governments of provinces, cities and counties and their relevant departments should be adapted to the nature, degree and scope of social harm that may be caused by the incident; Where there are various measures to choose from, measures that are conducive to protecting the legitimate rights and interests of citizens, legal persons and other organizations to the greatest extent should be chosen.
The people’s governments of provinces, cities and counties and their relevant departments shall take protective measures against personal information obtained in the emergency work of public health emergencies to prevent leakage and abuse; No unit or individual may disclose or abuse the personal information obtained.
No unit or individual may discriminate against patients, suspected patients, pathogen carriers and close contacts of patients with infectious diseases in public health emergencies.
Article 32? After starting the emergency response to public health emergencies, the people’s governments of provinces, cities and counties may take one or more of the following emergency measures according to law:
(a) control the source of infection and risk, evacuation, isolation, emergency medical rescue of personnel, and blockade of infectious diseases, epidemic areas and other dangerous areas, control of risk sites, proper placement of people whose health is threatened, culling, destruction or other harmless measures for live animals and their products and articles that may cause transmission risks, and other measures to prevent the spread of harm;
(two) the rational use of big data, artificial intelligence and other modern information technology means to track the spread chain of public health emergencies;
(3) Clarify the criteria for delineating risk areas, determine regional risk levels, and adopt differentiated and precise prevention and control measures for zoning and grading;
(four) temporary requisition of hotels, schools, exhibition halls, sports venues, vehicles and related facilities and equipment required for emergency response;
(five) to determine the standby hospital and temporary admission, centralized isolation, centralized resettlement places, etc., to treat the injured, patients and close contacts, and to observe them in isolation;
(six) strict personnel management in and out of the jurisdiction, and the implementation of residents’ access and community closed management;
(seven) the implementation of traffic control, set up crossing inspection and quarantine stations;
(eight) stop work, business, market, school, restrict or stop the opening of theaters, stadiums, museums, exhibition halls and other places or other crowd gathering activities;
(nine) to activate the emergency reserve funds and emergency relief materials of the people’s government at the same level, and to call other urgently needed materials, equipment, facilities, tools and daily necessities when necessary;
(ten) the implementation of price intervention measures for specific emergency materials and other commodities;
(eleven) other measures that need to be taken to reduce or eliminate the damage caused or likely to be caused by public health emergencies.
The lifting of emergency measures shall be decided and announced by the original decision-making organ according to law.
Article 33? According to the actual situation of public health emergencies and the needs of emergency treatment, the relevant units shall take the following measures:
(1) Disinfect public areas such as elevators in public places and workplaces according to technical standards, and close the central air conditioning and ventilation system;
(two) according to the technical standards and guidelines, the implementation of social distance in public places, wearing masks, hand hygiene, disinfection and other measures;
(3) Sampling patients with infectious diseases, suspected patients and suspicious links at the scene, and conducting emergency inspection and testing;
(4) Take timely measures such as emergency vaccination, preventive drug administration and group protection for people susceptible to infectious diseases and other vulnerable people;
(five) inspection, disinfection and destruction of polluted public drinking water sources, food and related items;
(6) Contaminated environment, articles and other pollutants designated as epidemic spots and epidemic areas shall be disinfected and sterilized by disease prevention and control institutions, and disinfection evaluation shall be carried out;
(seven) other measures stipulated by laws and regulations.
Article 34? The provincial health department shall organize medical and health institutions to carry out the following work in accordance with the principle of classified treatment and whole-process management:
(a) the implementation of the first diagnosis responsibility system, the patients with infectious diseases and suspected patients were treated in time or referred as needed, and measures were taken to prevent the spread of infectious diseases, and the reporting obligations were fulfilled in time as required;
(2) Transshipment and medical observation of close contacts of patients with infectious diseases;
(three) to carry out research on the etiology and treatment of sudden major infectious diseases and group diseases with unknown causes;
(four) timely release of industry and grassroots emergency guidelines;
(five) to carry out online and offline health monitoring, diagnosis, screening, referral and medical guidance;
(six) give full play to the role of traditional Chinese medicine in medical treatment.
Medical and health institutions engaged in diagnosis and treatment activities should strengthen the prevention and control of nosocomial infection, carry out daily medical services under the condition of taking safety measures, and take timely treatment measures for critically ill patients who need emergency treatment and patients who need continuous treatment such as hemodialysis, radiotherapy and chemotherapy; The health department shall give guidance and standardization to ensure the smooth treatment channels.
Article 35? Civil affairs, health, disabled persons’ federations and other departments shall standardize the emergency measures of places and institutions such as supervision places, pension institutions, child welfare institutions, service institutions for the disabled, rescue institutions, mental health medical institutions, etc. Give emergency assistance to the old, young, sick, disabled, pregnant, widowed, mentally handicapped and other groups, as well as vagrants and beggars, stranded people and other groups.
Article 36? Health, education, civil affairs and other departments should establish emergency volunteer service coordination mechanism, organize health education institutions, mental health medical institutions, institutions of higher learning, social organizations and volunteer service organizations according to the emergency handling of public health emergencies, and carry out health education, psychological crisis intervention and psychological assistance in an orderly manner.
Encourage emergency volunteers to volunteer to carry out emergency volunteer service activities for public health emergencies such as popular science propaganda, psychological counseling, community service, transportation and logistics, and social order maintenance according to their professional knowledge and skills.
Article 37? Organs, enterprises, institutions, social organizations and other organizations within the administrative region of this province shall, in accordance with the provisions of the state and this province, obey territorial management, implement unit responsibilities, and do the following work:
(a) establish and improve the emergency work responsibility system and management system, equipped with necessary protective articles and facilities;
(two) to establish a docking mechanism with the streets and towns where they are located, and to implement various emergency measures;
(three) to publicize and popularize health knowledge, emergency skills and relevant laws and regulations for the personnel of the unit and other relevant personnel, conduct health monitoring and management, and report any abnormal situation in time;
(four) to make necessary adjustments to the working methods of employees;
(five) according to the requirements of the local people’s government to organize personnel to participate in emergency response work.
Airport, railway station, inter-provincial passenger station and other transportation hubs, the operation and management unit of public transport in the province shall cooperate with the traffic health quarantine and entry-exit inspection and quarantine. Accommodation, catering, culture, sports, religious activities, business offices, shopping malls, markets, logistics and storage, and other crowded places shall arrange special personnel to implement measures such as cleaning, disinfection and ventilation in accordance with the relevant provisions of this province, and carry out health monitoring, tips and publicity and education on health knowledge for people entering the places. Construction units should do a good job in centralized management and health monitoring of construction personnel, and carry out environmental disinfection of living quarters, office areas and construction sites within the construction site area.
Article 38? Encourage units and individuals to provide materials, financial donations and technical support for emergency work of public health emergencies.
Establish an overall coordination mechanism for emergency donations, standardize donations and donations, and guide the society to donate as needed. Civil affairs departments at all levels are responsible for guiding or assisting donation units and individuals to accurately meet the needs, and urging and supervising charitable organizations to publicize the receipt and use of donated materials in a timely, accurate and detailed manner, and take the initiative to accept social supervision.
Article 39? During the occurrence of public health emergencies, domestic and foreign personnel who live, work, live, study, travel and engage in other activities within the administrative area of this province shall cooperate with the emergency measures for public health emergencies taken by the state and this province according to law, and abide by the following provisions:
(a) do a good job of self-protection, pay attention to the environment and personal hygiene, and take the initiative to go to the designated medical and health institutions for medical treatment in time when specific symptoms appear, and avoid taking public transport;
(two) to assist and cooperate with the people’s governments at all levels and their relevant departments, as well as the community and village organizations to carry out emergency response work;
(three) cooperate with the relevant units to carry out investigation, sample collection, testing, isolation treatment and other preventive and control measures, and truthfully provide relevant information;
(4) Persons entering this province shall voluntarily report their personal health status in accordance with relevant regulations, and accept and cooperate with centralized or home medical observation.
Article 40? After the threats and hazards of public health emergencies are controlled or eliminated, the people’s governments of provinces, cities and counties shall take the following measures:
(1) Timely announcing the termination of emergency response, lifting emergency measures and restoring normal social order;
(2) Return the expropriated property and compensate the expropriated units and individuals according to law;
(III) Investigate and analyze the causes and processes of public health emergencies in a timely manner, conduct a comprehensive and objective evaluation of monitoring and early warning, information submission, emergency decision-making and disposal, organize aftercare learning, organize re-examination drills when necessary, formulate improvement measures, and improve relevant emergency plans.
Article 41? Establish a credit system for emergency management of public health emergencies, establish a credit system in terms of emergency material procurement, place reserve, voluntary donation, information reporting, and emergency response measures for public health emergencies, incorporate credit records of various subjects into the province’s public credit information service platform, and implement a trustworthy incentive and disciplinary mechanism for dishonesty.
Article 42? Any unit or individual has the right to report that the people’s governments at all levels and their relevant departments fail to perform the duties of emergency management of public health emergencies in accordance with the regulations, the relevant units fail to carry out emergency treatment of public health emergencies in accordance with the norms, and individuals do not obey or cooperate with emergency treatment measures of public health emergencies.
The government or department that receives the report shall promptly investigate and deal with it according to law, and keep the personal information of the informant confidential.
Article 43? Where the people’s governments of provinces, cities and counties and their relevant departments organize personnel to carry out emergency treatment, they shall provide insurance and occupational safety protection that meets the standards, and make reasonable arrangements for rest and recuperation.
The relevant units shall, in accordance with the provisions of the state, grant subsidies and subsidies to medical and health personnel and other relevant personnel who participate in the emergency response to public health emergencies, and give relief and pensions to the casualties and their families in the emergency response.
Chapter V Legal Liability
Article 44? In the emergency work of public health emergencies, relevant public officials who fail to perform, illegally perform or improperly perform their duties shall be punished according to the law and regulations; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 45? During the occurrence of public health emergencies, if one of the following acts constitutes a violation of public security management, the public security organ shall punish it according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) fabricating and deliberately spreading false information about the development of public health emergencies or emergency response work, causing serious impact;
(two) do not obey the emergency decisions and orders issued by the province, do not cooperate with the people’s government and its relevant departments to take emergency measures for public health emergencies, and refuse to implement the decisions and orders issued by the people’s government in a state of emergency;
(3) Obstructing public officials from performing measures such as epidemic prevention, quarantine, isolation treatment, medical observation and centralized observation in designated places in accordance with the law for public health emergencies;
(4) Insulting, intimidating, intentionally hurting or destroying safety protection equipment against medical and health personnel and community workers who perform their duties according to law;
(5) A confirmed patient, pathogen carrier, suspected infectious patient or close contact of a legal infectious disease refuses isolation treatment or leaves isolation treatment without authorization before the expiration of the isolation period, and enters a public place or public transport, causing others to be infected or isolated, under medical observation or in serious danger of transmission;
(six) other acts that disrupt public order and hinder the emergency management of public health emergencies.
Article 46? During the occurrence of public health emergencies, if one of the following acts disturbs the market order, the market supervision and management department shall give a heavier punishment according to law, and if the circumstances are serious, the production and business license shall be revoked; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) in violation of the relevant provisions of market operation, price management, etc., to drive up the price of emergency supplies or other items related to people’s livelihood and hoard them;
(two) using advertisements to make false propaganda on the epidemic prevention and protective articles sold, deceiving consumers and causing serious consequences;
(three) the production and sale of emergency materials that do not meet the mandatory national standards;
(four) other acts that disrupt the market order and hinder the emergency management of public health emergencies.
Chapter VI Supplementary Provisions
Article 47 These Regulations shall come into force as of, 2021.
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