Regulation on the Prevention and Treatment of HIV/AIDS

Regulation on the Prevention and Treatment of HIV/AIDS

Order of the State Council [2006] No.457

January 29, 2006

The Regulation on the Prevention and Treatment of HIV/AIDS, which was adopted at the 122nd executive meeting of the State Council on January 18, 2006, are hereby promulgated, and shall come into force as of March 1, 2006.

Premier: Wen Jiabao

Regulation on the Prevention and Treatment of HIV/AIDS

Chapter I General Provisions
　
Article 1 The present Regulation is formulated in accordance with the Law on the Prevention and Treatment of Epidemic Diseases for the purpose of preventing and controlling the occurrence and spread of HIV/AIDS, and ensuring physical health and public health.
　
Article 2 The guidelines of laying emphasis on prevention, and combining prevention with treatment shall be adhered to for the work of HIV/AIDS prevention and treatment, and the mechanism of organization and guidance by government with each department performing its own functions respectively, and the common participation of the whole society shall be established. Publicity and education shall be strengthened. And such measures as behavioral interventions and care and support shall be adopted to implement comprehensive prevention and treatment.
　
Article 3 No entity or individual may discriminate against people infected with HIV, AIDS sufferers, and their family members. The lawful rights and interests enjoyed by the people infected with HIV, AIDS sufferers, and their family members in marriage, employment, medical treatment, and education shall be protected by law.
　
Article 4 The peoples governments at or above the county level shall give guidance to the work for prevention and treatment uniformly, establish and perfect coordinated mechanism for the work of HIV/AIDS prevention and treatment and work responsibility system, and make examination and supervision on the work for HIV/AIDS prevention and treatment undertaken by the relevant departments.
The relevant departments of the peoples governments at or above the county level shall be responsible for HIV/AIDS prevention and treatment and the supervision and administration thereof according to their divisions of functions.
　
Article 5 The competent department of health of the State Council shall formulate national planning for HIV/AIDS prevention and treatment together with the other relevant departments of the State Council. The local peoples governments at or above the county level shall, according to the provisions of the present Regulation and the national planning for HIV/AIDS prevention and treatment, formulate and organize the implementation of the action plan for HIV/AIDS prevention and treatment within their own administrative regions.
　
Article 6 The state encourages and supports trade unions, communist youth leagues, womens federations, and the Red Cross, and other organizations to assist the peoples governments at all levels to carry out the work for HIV/AIDS prevention and treatment.
The residents committees and the villagers committees shall assist the local peoples governments at all levels and the relevant departments of the governments to carry out publicity and education on relevant laws, regulations, policies, and knowledge for HIV/AIDS prevention and treatment, develop the public welfare undertakings in respect of HIV/AIDS prevention and treatment, and do a good job for HIV/AIDS prevention and treatment.
　
Article 7 The peoples governments at all levels and the relevant departments of the governments shall take measures to encourage and support the relevant organizations and individuals to participate in the work for HIV/AIDS prevention and treatment in accordance with the provisions of the present Regulation and the requirements of the national planning for HIV/AIDS prevention and treatment and the action plan for HIV/AIDS prevention and treatment, and make donations on the work for HIV/AIDS prevention and treatment, and conduct behavioral interventions on the group of people with risky behaviors of HIV infection, and provide care and support to the people infected with HIV, AIDS sufferers, and their family members.
　
Article 8 The state encourages and supports the carrying out of scientific research relating to the prevention, diagnosis, and treatment of HIV/AIDS to improve the scientific and technical level for HIV/AIDS prevention and treatment, encourages and supports the carrying out of clinical treatment and research on HIV/AIDS prevention and treatment through traditional medicines and through combining traditional medicines and modern medicines.
The state encourages and supports the carrying out of international cooperation and exchange on the work for HIV/AIDS prevention and treatment.
　
Article 9 The relevant departments of the peoples governments at or above the county level shall give commendation and awards to the entities and individuals who have made great achievements in and contributions to the work for HIV/AIDS prevention and treatment.
Anyone who suffers from AIDS, loses labor capacity, or dies of HIV infection due to his participation in the work for HIV/AIDS prevention and treatment or execution of public affairs shall be given subsidy or preferential treatment.

Chapter II Publicity and Education
　
Article 10 The local peoples governments at all levels and the relevant departments of the governments shall organize to carry out publicity and education on HIV/AIDS prevention and treatment, and care and anti-discrimination on people infected with HIV, AIDS sufferers, and their family members, advocate health and civilized ways of living, and create a better social environment for HIV/AIDS prevention and treatment.
　
Article 11 The local peoples governments at all levels and the relevant departments of the governments shall set up fixed billboards for HIV/AIDS prevention and treatment or post public welfare advertisements on HIV/AIDS prevention and treatment, or organize to distribute publicity materials for HIV/AIDS prevention and treatment at stations, wharfs, airports, parks, and other public places, and the eye-catching places of passenger trains and vessels undertaking passenger transport, and other public means of transport.
　
Article 12 The competent departments of health of the peoples governments at or above the county level shall strengthen the work for publicity and education on HIV/AIDS prevention and treatment, and render technical support to the relevant departments, organizations and individuals that carry out the work for the publicity and education on HIV/AIDS prevention and treatment.
Medical institutions shall organize their staff members to study the relevant laws, regulations, policies, and knowledge on HIV/AIDS prevention and treatment. Medical personnel shall carry out publicity and education on HIV/AIDS prevention and treatment to the patients when carrying out counseling, diagnosis, and treatment of AIDS, venereal diseases, and other relevant diseases.
　
Article 13 The competent departments of education of the peoples governments at or above the county level shall give guidance and urge higher education institutions, secondary vocational schools, and regular secondary schools to bring the knowledge on HIV/AIDS prevention and treatment into the relevant curriculum, and carry out the relevant after-school educational activities.
Higher education institutions, secondary vocational schools, and regular secondary schools shall organize their students to study the knowledge on HIV/AIDS prevention and treatment.
　
Article 14 The competent departments of population and family planning of the peoples governments at or above the county level shall organize the carrying out of publicity and education on HIV/AIDS prevention and treatment by making use of the network for publicity and technical service of family planning.
The family planning technical service institutions shall carry out publicity and education on HIV/AIDS prevention and treatment when providing technical services on family planning and reproductive health service to people of child-bearing age.
　
Article 15 The relevant departments of the peoples governments at or above the county level and the institutions undertaking intermediary labor services shall strengthen publicity and education of HIV/AIDS prevention and treatment on migrant workers.
　
Article 16 The entry-exit inspection and quarantine organs shall strengthen the work for publicity and education on HIV/AIDS prevention and treatment at the entry ports, and provide pertinent HIV/AIDS prevention and treatment counseling and guidance to the entry-exit personnel.
　
Article 17 The state encourages and supports the womens federations and the Red Cross to carry out publicity and education on HIV/AIDS prevention and treatment, and bring the publicity and education on HIV/AIDS prevention and treatment into the contents of work for women and children, so as to improve the consciousness and ability of women for HIV/AIDS prevention, and organize the members of the Red Cross and the volunteers thereof to carry out publicity and education on HIV/AIDS prevention and treatment.
　
Article 18 The local peoples governments at all levels and the relevant departments of the governments shall take measures to encourage and support the relevant organizations and individuals to carry out HIV/AIDS prevention and treatment counseling, guidance, and publicity and education for the group of people with risky behaviors of HIV infection.
　
Article 19 Radios, televisions, newspapers and periodicals, and internets, and other news media shall carry out public welfare publicity on HIV/AIDS prevention and treatment.
　
Article 20 Any organ, public organization, enterprise or institution, or individual economic organization shall organize the practitioners of its own entity to study the relevant laws, regulations, policies, and knowledge on HIV/AIDS prevention and treatment, and support the practitioners of its own entity to participate in the activities of publicity and education on HIV/AIDS prevention and treatment.
　
Article 21 The local peoples governments at or above the county level shall open telephone counseling service for HIV/AIDS prevention and treatment at medical institutions, so as to provide the general public with counseling service and guidance for HIV/AIDS prevention and treatment.

Chapter III Prevention and Control
　
Article 22 The state shall establish and perfect HIV/AIDS monitoring network.
The competent department of health of the State Council shall formulate national HIV/AIDS monitoring planning and scheme.
　　......