Announcement of the Standing Committee of the Tenth People’s Congress of Jiangsu Province   No. 83   The Regulations of Jiangsu Province on Prevention and Control of AIDS, adopted at the Eleventh Meeting of the Standing Committee of the Tenth People’s Congress of Jiangsu Province on August 20, 2004, are hereby promulgated and shall come into effect as of December 1, 2004.   August 20, 2004                                                   Regulations of Jiangsu Province on Prevention and Control of AIDS (Adopted at the Eleventh Meeting of the Standing Committee of the Tenth People’s Congress of Jiangsu Province on August 20, 2004 )   Chapter IGeneral Provisions   Article 1 These Regulations are enacted in accordance with the Law of the People’s Republic of China on Prevention and Control of Infectious Diseases and other laws and administrative regulations, in light of the specific situation in this Province, and for the purposes of preventing and controlling the occurrence and spread of AIDS, protecting public health and promoting social development. Article 2 These Regulations shall apply to the prevention and control of AIDS within the administrative region of this Province. Article 3 The work for prevention and control of AIDS shall adhere to the principle of putting emphasis on prevention, and combining control with prevention, and shall intensify publicity, education and behaviors intervention to achieve comprehensive regulation and control in the society.  The whole society shall attach importance to and support the work for prevention and control of AIDS. Article 4 Various local people’s governments at or above the county level shall exercise leadership over the work for prevention and control of AIDS, make planning for AIDS prevention and control, organize the implementation of such plans and guarantee funds necessary for the prevention and control work. Various local people’s governments at or above the county level shall encourage and support scientific research on the prevention and treatment of AIDS, and popularize the safe and effective technology for AIDS prevention and control and the treatment medication. Article 5 The health administrative departments of the local people’s governments at various levels shall be in charge of the prevention and control of AIDS within their respective administrative regions, and exercise unified supervision and administration according to law. The relevant departments such as development and reform, finance, public security, labor and social security, civil affairs, education, judicial administration, industrial and commercial administration, food and drug supervision and administration, and population and family planning, and the organs of entry-exit inspection and quarantine of the local people’s governments at various levels shall, according to their respective functions and responsibilities, make joint efforts to do a good job on prevention and control of AIDS. Such groups and organizations as trade unions, communist youth leagues, women’s federations and the Red Cross societies shall participate in the prevention and control of AIDS according to their respective functions and responsibilities.  Citizens, legal persons and other organizations shall be encouraged and supported to donate money or materials to be used for prevention and control of AIDS, and to participate in the prevention and control work in the form of organization of volunteers. Article 6 The legitimate rights and interests of AIDS victims and AIDS virus carriers shall be protected by law. The whole society shall be concerned for them. Article 7 The local people’s governments at various levels and the health administrative departments shall commend and award the units and individuals who have made outstanding contributions to prevention and control of AIDS.   Chapter IIPrevention   Article 8 The local people’s governments at various levels and the departments concerned shall strengthen legal and social moral education among the citizens, advocate a healthy and civilized lifestyle, and carry out in a planned way publicity and education focused on knowledge of AIDS transmission channels, epidemic characteristics and prevention and protection. The education departments at various levels shall carry out health education in prevention and control of AIDS among adolescent students, and incorporate the knowledge of prevention and control of AIDS into the education and teaching plans of general secondary schools, secondary vocational schools and institutions of higher learning. The administrative departments of health and agriculture shall compile, print and release publicity materials adapting to the rural areas, and carry out activities in various forms to publicize the knowledge of prevention and control of AIDS. Mass media such as broadcasting, television, newspapers and magazines, shall carry out publicity on the knowledge of prevention and control of AIDS, regularly broadcast or publish relevant public welfare advertisements, and offer expense reduction or exemption for publicity for prevention and control of AIDS. Article 9 The local people’s governments at various levels and the departments concerned shall, based on the epidemic characteristics of AIDS, correspondingly take scientific and effective intervention measures to prevent and control AIDS. The correct use of condoms shall be promoted throughout the whole society.  The service of convenient issuance or sale of condoms shall be provided by such means as setting up condoms issuing or selling facilities in public places. The health administrative department at or above the county level shall, in conjunction with the departments of public security and food and drug supervision and administration, gradually spread market sale of medical needles, medication maintenance treatment of drug-users, and other effective intervention measures in light of the relevant provisions of the State. Article 10 Whoever runs a public establishment such as hotel, beauty and hairdressing salon, dancing hall or public bathhouse shall thoroughly disinfect articles and appliances for public use which are likely to spread AIDS, and ensure that they meet the national hygienic standards and requirements. Whoever runs a public establishment shall coordinate with the departments concerned in carrying out publicity and education of AIDS prevention and control, and shall post up or display at the business place such publicity materials.   Article 11 HIV-infection testing is advocated for people undertaking premarital medical examination. The medical care institution shall give suggestions on medical measures such as precaution and treatment measures to the person tested as an AIDS victim or an AIDS virus carrier at such testing, refer him to the designated medical institution for treatment, and notify the local disease prevention and control institution of such a case. Article 12 AIDS victims and AIDS virus carriers are forbidden to donate their human tissues, organs, bone marrow, cells, blood or seminal fluid.   The medical institutions and the blood collecting and supplying agencies shall carry out HIV-infection testing on people who donate or receive human tissues, organs, bone marrow, cells, blood or seminal fluid.   Chapter IIIControl   Article 13 The system of AIDS voluntary testing shall be implemented. The person who volunteers to take the HIV-infection test shall be offered free counseling service and initial blood screening test. The health administrative department at or above the county level is responsible for AIDS voluntary counseling and testing within its administrative region and shall make known to the public the address and contact information of the local counseling and testing institution of AIDS. The counseling and testing institution of AIDS shall give advice on medical treatment to the person who is identified as an AIDS victim or an AIDS virus carrier through such voluntary test, and refer him to the local designated medical institution for treatment. Where the law provides that a mandatory HIV test shall be taken, such provisions shall be enforced. Article 14 The health administrative department of a city with districts shall designate at least one eligible medical institution to take and treat AIDS victims and AIDS virus carriers. Article 15 Blood collecting and supplying agencies and production units of blood products shall, in strict compliance with the relevant provisions of the State, conduct HIV-infection testing on blood, source plasma and blood products. The products that are not tested or fail the test shall not be used. Article 16 The medical and health institutions shall strictly observe the operation procedures and disinfection management system, completely dismantle the single-time medical and hygienic products after use and disinfect the reusable medical and hygienic products with a view to preventing the iatric spreading of AIDS. Article 17 Medical institutions, institutions for disease prevention and treatment and scientific research institutes shall thoroughly disinfect testing and medical treatment equipment used in AIDS diagnosis, treatment and research, disinfect and dispose contaminated articles properly with a view to preventing the occurrence of iatric infection, inside-hospital infection, and laboratory infection. Article 18 The storage, transportation and use of AIDS virus shall be done in strict observance with the State regulations. No units or individuals are allowed to store, transport or use AIDS virus without permission. Article 19 The health administrative department of the Province shall, with the authorization of the health administrative department of the State Council, release according to law the information on and publicly announce the epidemic situation of AIDS within the administrative regions of this Province. The health administrative department at the city or county (district) level shall, as informed by the heath administrative department at or above the province level, make known to the public the epidemic situation of AIDS within its administrative regions.   Chapter IVAdministration   Article 20 The health administrative departments at or above the county level shall exercise a level-to-level administration on the work for prevention and control of AIDS. The disease prevention and control institutions at various levels shall assume responsibility for monitoring and controlling the epidemic situation of AIDS, and make regular analysis of it and its epidemic trend; provide technical guidance and service for the prevention and control work, and take measures aimed at prevention, control and intervention among human groups liable to AIDS infection; and conduct epidemiological survey among AIDS victims and virus carriers, set up records for them and pay regular visits to them. Article 21 The entry-exit inspection and quarantine departments shall be in charge of AIDS monitoring over people entering and leaving the territory of China and people concerned at the border ports. Article 22 The departments of public security shall, in accordance with the law, rigorously crack down on such illegal and criminal acts as prostitution and whoring, drug trafficking, drug use and illegal blood collecting and supplying, and strengthen publicity and education in AIDS prevention and control among the groups of people who undergo compulsory treatment to relinquish drug addiction or who are investigated and dealt with for prostitution or whoring. The departments of public security and judicial administration shall, together with the health administrative department, carry out AIDS HIV-infection tests among persons in custody or under supervision who engage in prostitution or whoring or use drugs, set up special places for those thus tested as AIDS victims or AIDS virus carriers and urge them to receive treatment, and inform the disease prevention and control institutions at or above the county level in their residential places of such AIDS cases when they are released from the custody places as approved by law. Article 23 The labor and social security administrative departments shall incorporate the medicines for treatment of AIDS into the basic medical insurance medicine catalogue. Article 24 The departments of population and family planning shall assist the health administrative departments in public welfare publicity for prevention and control of AIDS and popularization of the use of condoms. The organ that provides technical services for birth control shall refer the AIDS victims or virus carriers found in its technical service of birth control and reproductive health service to a designated medical institution for treatment. Article 25 The departments of civil affairs shall do well the social donation and relief work in prevention and control of AIDS. Article 26 The urban residents committees and the villagers committees shall, under the guidance of the relevant departments, carry out work for prevention and control of AIDS, and unfold care campaign for AIDS victims and AIDS virus carriers.   Article 27 The local people’s governments at various levels shall grant expense reduction or exemption to AIDS victims for their medical treatment, give financial aid to AIDS victims and their families who run into economic difficulty, and provide free school education to orphans of AIDS victims for their compulsory education years. Specific implementation measures shall be formulated by the people’s government of this Province in accordance with the pertinent regulations of the State.   Chapter VRights and Obligations of AIDS Victims and AIDS Virus Carriers   Article 28 No units or individuals shall discriminate against AIDS victims, AIDS virus carriers or their relatives, or infringe upon their legitimate rights such as the right to enjoy medical service, to obtain employment, to study and to participate in social activities. Article 29 No units or individuals shall disclose such information about AIDS victims and AIDS virus carriers as their names, addresses, employing units and medical histories. Article 30 AIDS victims and AIDS virus carriers shall perform their obligation to undergo epidemiological survey, learn knowledge about prevention and control of AIDS, accept treatment and medical guidance from medical institutions or disease prevention and treatment institutions, and take effective measures to prevent transmission and spread of AIDS virus.   In case of sexual contact with another person, the AIDS victim or AIDS virus carrier shall inform his or her partner in advance of the fact that he or she suffers from AIDS or becomes infected with AIDS virus.   AIDS victims or AIDS virus carriers shall be forbidden to spread AIDS virus to others intentionally. Article 31 In the event an AIDS victim or an AIDS virus carrier intends to register for marriage, he or she shall, before such registration, clearly inform the other person he or she is marrying the fact of the disease or the infection; in the event both sides still agree to apply for the marriage registration after informing or being informed of such a fact, they shall go to a medical care institution to receive medical guidance. Article 32 Where an AIDS victim or an AIDS virus carrier needs to take such invasion operation as in-hospital treatment, clinic surgery, dialysis treatment, or dental treatment, he shall go to a medical institution designated or approved by the health administrative department of a city with districts for treatment.   Chapter VILegal Liability   Article 33 Anyone who, in violation of the provisions in the first paragraph of Article 10 of these Regulations, fails to disinfect articles and appliances for public use up to the State standards or requirements, shall be ordered by the health administrative department at or above the county level to make rectifications within a prescribed period of time, and may be imposed a fine not less than 500 yuan but not more than 20,000 yuan; in the case of serious violation, his sanitation license may be revoked. Article 34 Where, in violation of the provisions in Article 15 of these Regulations, a blood collecting and supplying agency fails to conduct HIV-infection testing over the blood for clinic use, or a production unit of blood products fails to conduct HIV-infection testing on the source plasma for its production and the final blood products, the administrative departments such as health, food and drug supervision and administration, shall impose a penalty in accordance with the provisions of such laws and regulations as the Law of the People’s Republic of China on Blood Donation, the Pharmaceutical Administration Law of the People’s Republic of China, and the Regulations on Administration of Blood Products; where the case constitutes a crime, criminal liability shall be investigated for according to law. Article 35 Where a unit concerned, in violation of the provisions in Article 16 and 17 of these Regulations, fails to disinfect or dispose the medical or hygienic equipment and articles, the health administrative department at or above the county level shall order it to make rectifications within a prescribed period of time, and may concurrently impose a fine not less than 5,000 yuan but not more than 20,000 yuan; the person directly in charge and other persons directly responsible shall be given administrative sanctions by the unit they belong to or the authority at a higher level; where the case constitutes a crime, they shall be investigated for criminal liability according to law.   Article 36 Anyone who, in violation of these Regulations, intentionally spreads AIDS, shall be investigated for criminal liability according to law if a crime is committed; anyone who causes others to be infected with AIDS virus out of negligence, shall bear civil liability according to law. Article 37 Anyone who in violation of laws and regulations on public security administration, refuses or retards the performance of official duties by the personnel in charge of prevention and supervision of AIDS, shall be investigated into and punished by the public security organ according to law. Article 38 Where administrative organs at various levels fail to fulfill their functions, the people’s governments at the corresponding level or the competent departments at a higher level shall give criticism by circular and order rectifications within a prescribed period of time; the persons directly responsible shall be given administrative sanctions.   Chapter VIISupplementary Provisions   Article 39 “AIDS” as used in these Regulations refers to acquired immunodeficiency syndrome. “AIDS virus carrier” as used in these Regulations refers to a person who reacts to AIDS virus antibody positively but with no symptoms of AIDS or without enough symptoms to be diagnosed as AIDS victim. Article 40 These Regulations shall enter into effect as of December 1, 2004.