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*****UNOFFICIAL TRANSLATION****** File No. 0000 757 Order of People’s Government of Yunnan Province No. 121 “Responsive Measures to HIV/AIDS Prevention in Yunnan Province” has been adopted on 4th Jan. 2004 at 12th conference of standing committee of People’s Government of Yunnan Province, therefore, this is to announce for effective as of 3 March 2004. Undersigned: Xu Rongkai Governor of Yunnan Provincial Government
20th Jan. 2004 “Responsive Measures to HIV/AIDS Prevention in Yunnan Province” Article 1: Taking into account of Yunnan’s realistic situations and based on “Communicative Disease Prevention Law of the People’s Republic of China”, other concerned laws and regulations, this “Measures” are formulated to prevent, control the transmission and spread of AIDS and, to secure public health. Article 2: Guided by the principle of “Prevention prevails, while medical treatment is integrated”, response to AIDS includes increasing public awareness, behaviour intervention and humanistic care, and attempt for comprehensive prevention and treatment. Article 3: Governments at various levels should lead the overall AIDS prevention work, formulating plan for AIDS prevention and control, finalizing budget and playing the role of trans-sector coordination. Article 4: Public health department above county level is responsible for the AIDS prevention and control in its own jurisdiction. Entry and exit quarantine department is responsible for AIDS surveillance at port and HIV test for people coming in and out. Other departments concerned are responsible for AIDS prevention and control within duty reach and work with public health department to implement these “Measures”. Both city and rural residents’ committee should, led and guided by public health department, launch the campaign against AIDS and provide care to AIDS patients and HIV positive. Article 5: Governments at various levels and other concerned departments should adopt measures to disseminate AIDS prevention knowledge and initiate propaganda work among public. Mass media such as broadcast, TV, newspapers and journals should commit to public announcement of AIDS prevention. Regular academic establishments, regular middle school and secondary technical school should incorporate AIDS prevention knowledge into their public health curriculum or subject forum. Article 6: Government above county level and departments concerned should award entities or individuals who have made remarkable contribution to AIDS response. Article 7: Research institute, public health department and drug administrative should take AIDS prevention as prioritized project, working for applicable research and availability of AIDS medications, to do that, foreign exchange and cooperation are necessary. Article 8: Public health department above county level should establish and perfect AIDS surveillance, test and information networks up to national standard, contribute to prevalence analysis and forecast, and provide reliable data for strategy making. Article 9: Entities and individuals are required to cooperate with disease control department for AIDS surveillance. Article 10: Institutions of medical service, blood donating, and quarantine should provide friendly help to those who are willing to do VCT. Article 11: HIV test should be conducted to those who donate body organs, tissue, marrow, cell, blood and sperm. HIV positive or AIDS patient are not allowed to donate body organs, tissue, marrow, cell, blood and sperm. Article 12: Public health department above county level should work with public security bureau and drug administrative to allow legally registered detoxification service to start and control syringe exchange program and community-based drug maintenance therapy for IDUs. Article 13: Owners or runners of hotel, flea bag hotel, flop house and other facilities for accommodation, and of entertainment establishments should have condoms on display for sale or distribution, or have facilities for sale. Condoms should be available for sale or distribution at work place of legally registered detoxification service and STD or AIDS treatment clinics. Ways of condom’s available for sale or distribution should be made appropriate for places where mobile population concentrate such as railway station, airport, port, construction site, touring spot. Public health department above county level and CCSC should finalize and supervise the condom availability stipulated in above 3 items. Article 14: Legal rights of AIDS patient and HIV positive should be protected by law, any entity or individual should not discriminate HIV positive, AIDS patient and their family. Either should their right for work, study and living be deprived. Article 15: Institutions of medical service, public health, and quarantine should report prevalence as required by law and regulations when HIV positive or AIDS patient is detected. Public health department at province level should, as required by regulations of higher authority, report and announce the AIDS prevalence in province. Article 16: HIV positive and AIDS patient among people who are under forced detoxication or labour reform, or in detention for re-education and reform should come under custodian’s medical supervision instructed by CDC. Custodian is liable to inform local CDC when any HIV positive or AIDS patient is allowed to be free. Article 17: Any institution majored in AIDS research and test should follow strictly the operational manual and management regulations formulated by Ministry of Health and take effort to prevent transmission in laboratory and spread of virus. Storage, transport and use of virus should abide strictly by national regulations, any entity or individual is not allowed to exchange, transport and use virus on their own. Concerned regulations of state governs the approval of the establishment of AIDS- test laboratory, its management and facility procurement. Article 18: Anti-virus treatment to AIDS patient or HIV positive, wherever necessary, should be done by medical service authorized by public health department above province level. In case AIDS patient and HIV positive need other treatment than above stated, or treatment of other illness, medical service should not decline or refuse by any excuse. Article 19: Medical service should provide free medical treatment to stop mother-to-child transmission for HIV infected pregnant women; provide anti-virus medications and condoms charge-free to PLWA in rural area or city unable to afford to. Such expenses should be ensured by government above county level. Article 20: Civil affairs department above county level should provide relief to poverty-stricken HIV positive and AIDS patient based on income evaluation and; to left-behind orphans and independent senior parents. Article 21: Entity and individual should keep secret for AIDS patient and HIV positive, and should not disclose their name, address, workplace, and illness record. Article 22: Should government and its affiliated departments fail to perform the liability stipulated in this “Measures” and result in AIDS spread and prevalence, its key leaders, person-in-charge and other persons liable to will be punished by degrade or discharge of position; should the consequence become serious, peremptory dismissal will be prompted and; should it become guilty of crime, prosecution will be launched. Article 23: Should medical service commit anyone of the following, public health department above county level will issue warning for correction; revoke medical license if the event is serious; and punish its key leaders, person-in-charge and other persons liable to by degrade or discharge of position; should the consequence become serious, peremptory dismissal will be prompted and; should it become guilty of crime, prosecution will be launched. 1. fails to perform AIDS surveillance and report, conceal or delay report or fictionally report prevalence; 2. refuse to treat AIDS patient and HIV positive 3. disclose name, address, workplace, and illness record of AIDS patient and HIV positive. 4. effect treatment of anti-virus without approval. Article 24: Public health department above county level shall issue an order for correction within fixed time should items 1 and 2 in Article 13 is violated; and levy penalty if the correction is not made in fixed time. Article 25: Public health department above county level shall issue warning or levy penalty ranging 1000 to 10,000 yuan should Articles 11 and 17 are violated; if the consequence is serious, the penalty will be 10,000 to 30,000; and should it become guilty of crime, prosecution will be launched. Article 26: this “Measures” will come into force as of 1 March 2004.
*****UNOFFICIAL TRANSLATION******
© 2004 China AIDS Survey
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