TITLE OF THE RESEARCH PAPER

Health Emergency Laws

By
NAME OF THE STUDENT: Pradeep Punuru
ROLL NO.: 2016076
SEMESTER: 8TH / B

NAME OF THE PROGRAM: 5 year (B.A., LL.B.)

NAME OF THE FACULTY: VARA LAKSHMI

DATE OF SUBMISSION: 30th Jan 2020

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

NYAYAPRASTHA, SABBAVARAM,
VISAKHAPATNAM – 531035, ANDHRA PRADESH
 ACKNOWLEDGEMENTS

I would like to sincerely thank my VARA LAKSHMI Ma'am Faculty of Health Laws for
providing me with this topic and directing me throughout the project. Through this project, I
learned a great deal about the aforementioned subject, and this in turn helped me develop as a
student.
INTRODUCTION
 
The structure of the public health crisis management system
 
India is a union of twenty-eight states and seven territories, with a constitutional division of
legislative responsibilities between the central government and the states. Both the central
government (also known as the government of the Union) of India and state governments
have the constitutional power to legislate on public health matters. Union law may regulate
port quarantine, including in the case of seafarers and maritime hospitals. The law may also
apply to interstate migration and quarantine. State law may govern public health and
sanitation, hospitals, and clinics.     Central government and state law may also provide for
preventing the transmission from one state to another of infectious or contagious diseases or
pests, affecting humans and animals or plants. There are several main rules for the prevention
of infectious diseases.   
 
Union regulations and Laws
 
The law on epidemic diseases
 
In the preamble to the 1897 Law on Epidemiological Diseases, it is stated that its purpose is
to better prevent the spread of serious epidemic diseases. The Epidemic Diseases Act
empowers state and central governments to take measures that may be justified or necessary
to control the further spread of the disease. Accordingly, each state government, after
ensuring that any part of its territory is at risk of an outbreak of a serious disease, may take or
approve any measures, including quarantine, to prevent an outbreak of the disease. Similarly,
the central government, recognizing that there is an imminent threat of an outbreak of a
disease and the provisions of the law of that time are insufficient to prevent such an epidemic,
may take action and establish provisions to control any ship or ship leaving or arriving at any
port and to detain any person arriving or about to go out. Anyone who fails to comply with
any provision or order made under the 1897 Act may be prosecuted for an offense under
Section 188 of the Indian Criminal Code. A breach of this provision is punishable by ordinary
imprisonment of one month, a fine or both. Notwithstanding the provisions of the Code of
Criminal Procedure, such an offense, at the trial judge's discretion, may be tried on an ad hoc
basis. No suit or legal proceeding may be brought against any person or authority in
connection with any act or act in good faith in accordance with this Act. Some critics have
noted that the Epidemic Diseases Act of 1897 "It's a hundred-year-old blunt act" that requires
"a thorough overhaul to counter the growing burden of infectious diseases, both new and
old." Some of the issues that require reconsideration, they argue, are "the definition of an
epidemic, territorial boundaries, ethics and principles of human rights, empowerment of
officials and [and] punishment." It seems that India's National Disease Control Center
(NCDC) is developing a "Public Health Emergency Act" to "address public health
emergencies in the country from catastrophes and bio-terrorism incidents, in addition to
dangerous epidemic diseases. , including emerging infectious diseases. ” In recent years,
several Indian states have referred to the Epidemic Disease Act 1897 pandemic H1N1 ("
swine flu ") and other infectious diseases.           
 
 
 
 
Visitors quarantine
 
For persons entering India from abroad, a healthcare professional designated by the central
government is posted at the port of entry. After making sure that the ship or aircraft complies
with sanitary regulations, the paramedic assigns the ship or aircraft to landing
conditions. Your healthcare professional may ask you to see the airplane travel book, which
shows the places visited by the airplane. He can also inspect the aircraft, its passengers and
crew and have them medically examined upon their arrival. The officer must observe special
precautions with regard to infectious diseases that require a quarantine period (such as yellow
fever, plague, cholera, smallpox, typhus and recurrent fever) and other infectious diseases
that do not require a quarantine period.    
 
Except in an emergency posing a serious threat to public health, an aircraft should not, due to
a contagious disease not requiring a quarantine period, be prevented by an airport health
professional from unloading or loading cargo, fuel or water. However, if regulations require
any person to go ashore and be isolated for any period of time, the officer may order that they
be moved to a hospital or other approved location and placed in quarantine. If necessary, the
officer may require a person to report to him at specified intervals during the supervision
period. The healthcare professional may also remove, remove or order the removal of any
person, other than an international traveler, who, in the officer's opinion, may spread any
contagious or quarantined disease.   
 
 
When notified, the healthcare professional may prohibit any person showing symptoms of a
quarantined disease, and any person the healthcare professional deems capable of
transmitting infection due to close contact with the exhibitor, from boarding the
aircraft. symptoms of a quarantine disease. When typhus or a recurrent fever occurs at an
airport, a person on an international trip found by an official to be responsible for the spread
of the disease must be disinfected. Upon request, the health officer must issue a certificate to
the pilot-in-command specifying the health measures taken on the aircraft, the treated aircraft
parts, the methods used and the reasons for taking the measure.  
 
 
Regulations require airline personnel to report any suspicious cases or passengers who they
believe may be suffering from symptoms of a quarantine disease based on in-flight
observations.
 
Regarding the Ebola virus, in early August 2014, the Ministry of Health announced that
authorities would start screening "travellers who come from or pass through the affected
countries and will track them upon arrival in India." Passengers are informed via on-board
messages that "reporting is compulsory for immigration". The government has also
"established facilities at airports and harbours to manage symptomatic travellers." The
surveillance system will track travellers for four weeks and people who develop symptoms
are advised to self-report. On August 26, 2014, six Indian citizens were isolated on their
return from Liberia, but all tested negative for the virus.      
 
Similar quarantine restrictions are provided for in the Indian Port Health Law 1955, 27 under
the Indian Port Act, for passenger, cargo and cruise ships. 
 
State laws
 
To prevent a smallpox outbreak, states have enacted vaccination laws in their territories for
children under the age of thirteen. For example, the Punjab Vaccination Act requires primary
immunization and re-vaccinations for children state-wide. If the state immunization officer
has reason to believe that a child has not been immunized, he can notify the child's guardian,
requesting him to bring the child for immunization. In the event of non-compliance with the
summons, the district judge may summon the guardian and demand an explanation for failure
to comply with the summons of the probation officer. If the explanation is not satisfactory,
the district judge may require him to present the child for vaccination and to submit a
vaccination certificate within the prescribed period.    
 
Powers of public health authorities
 
Each state in India is divided into counties, and the deputy commissioner of each county is
not only the head of the district administration, but also acts as a tax collector and district
judge, responsible for maintaining law and order in his jurisdiction. He is a key official and
acts as a liaison between the people and the government. In order to deal with the health crisis
that followed the outbreak, the Epidemic Diseases Act gives states extensive powers. In these
situations, states delegate some of these powers to sub-commissioners in districts, usually
under state health laws or corporate acts. So the responsibility for solving the crisis lies with
the Deputy Commissioner    
 
State and local governments
 
If at any time the state government believes that a state or part of a state is at risk of an
outbreak of a serious disease and normal laws are insufficient to deal with the outbreak, it
may take, require, or authorize any person to take such measures and, by public notices,
prescribe such temporary provisions as may be required by the general public or any
individual or group of persons to prevent the outbreak or spread of such disease. The state
government may also take measures and regulate the control, vaccination and vaccination of
persons traveling by road or rail, including their segregation in a hospital, temporary
accommodation, or otherwise, if such persons are suspected by a control officer to be infected
with any such disease. 
 
 
The state government, by general or special ordinance, may also authorize the deputy
commissioner to exercise, for its district, all the powers under section 5. 2 of the 1897 Act,
which are exercised by the state government against the state, except stipulating how and by
whom all expenses are to be paid. Many of these powers are set out in the municipal
company laws governing "major urban areas " or the public health laws that also grant
quarantine or other powers to commissioners or collectors at municipal level, including the
following:     
 
Taking a person to separate rooms for medical treatment: "People suffering from this disease
may be transferred to any hospital or place for treatment on the basis of the order of the
Ombudsman or the Collector".
Cleaning or disinfection of any building or part of a building or of any articles: "Cleaning and
disinfection of any building or part of a building or of any items in such a building that may
contain an infection may require cleansing and disinfection at the order of the Commissioner
or Collector to prevent or control the spread any dangerous disease.
 
Taking specific measures in the event of an outbreak of serious or epidemic diseases: "In the
event of an outbreak, the Ombudsman or Collector may take specific measures and by public
announcement issue instructions to be followed by the public or any class or section of the
public as it deems necessary to prevent the spread of the disease.
 
 
Political and civil rights
By its very nature, the scope of section 2 of the Epidemic Diseases Act is so broad that the
state or a lower official in the administration, dealing with an emergency caused by an
outbreak of a dangerous disease, may seek or require cooperation. public or corporate bodies
in the public or private sector. If the desired cooperation does not come, regulation may be
imposed. Non-compliance or non-compliance with the restrictions imposed by such a
provision is a punishable violation.  
 
The segregation or quarantine powers of central and state governments may conflict with the
political and civil rights of society. Fundamental rights, as guaranteed in the Indian
constitution, are open to prosecution. The judiciary does not avoid the enforcement of these
rights or the invalidation of orders that violate them. Quarantine is a measure that adversely
affects the fundamental right to "move freely within Indian territory". However, this right
should be exercised subject to reasonable restrictions that the state may impose, inter alia, in
the public interest. As mentioned above, section 4 of the Epidemic Diseases Act contains a
safeguard clause that gives the state immunity such that "[no] action or other legal action" can
be brought against "any person for whatever has been done or in good faith. what is to be
done pursuant to this Act.     
 
The right to privacy as such is not a fundamental right in India. The Supreme Court of India
has recognized that the right to privacy is an essential element of the right to life, but not
absolute and may be limited in order to prevent crime or disorder, or to protect the health,
morals, or rights and freedoms of others .  
 
During the SARS epidemic in 2003, concerns were raised about the severity of the quarantine
enforcement measures, the discrimination faced by patients, and the lack of privacy and
confidentiality. There have also been reports of shaming colleagues and neighbors who have
been placed in quarantine.   
 
 
Transparency of the public health crisis management system
In a democratic system, the judiciary in India ensures the transparency of government
activities and executive orders. The public often asks for judicial review of regulations and
implementing regulations. The Indian Parliament also passed a Freedom of Information Act
requiring transparency in government actions. The law entitles the public to obtain
information from any public authority by submitting a written or electronic request   
 
 
 
Cooperation with the World Health Organization (WHO)
 
In 1997, WHO established the National Polio Surveillance Project to help the government
provide technical support for polio surveillance, mass vaccination campaigns, and routine
immunization. In 2008, WHO, in collaboration with the NCDC, launched a pilot project to
prevent rabies in humans in five Indian cities. The project "involves training health
professionals to deal with animal bites and raising public awareness of the need for post-
exposure treatment, in particular by posting messages on buses and other public places." In
addition to these projects, WHO is available to provide assistance in all emergencies, for
example earthquakes, epidemics or terrorist disasters of any kind that may pose a health
threat to the country. Every year, the WHO Regional Office conducts 10-day, cross-country
outbreak preparedness and response training courses to develop regional early detection and
response capabilities. In particular, WHO assists the National Center for Disease Control
(NCDC) (formerly the National Institute of Communicable Diseases) in the preparation,
printing, and distribution of CD Alert, a monthly newsletter published by the NCDC. WHO is
also helping the NCDC to work more closely with neighboring health systems in South and
Southeast Asia through workshops and other meetings.         
 
 
People's Republic of China
 
China's public health crisis system has been undergoing restructuring since 2003. With the
outbreak of the public health crisis, the State Council's emergency response center is
responsible for directing and managing the nationwide crisis response. Provincial Emergency
Centers are responsible for directing and commanding crisis response within their own
jurisdictions. The State Council and its Department of Health, formerly the Ministry of
Health, and since 2013, the State Commission for Health and Family Planning, have the
power to declare emergencies involving statutory infectious disease and to develop and
implement contingency plans in the event of a public health crisis. Measures that can be taken
in the event of a crisis include the evacuation or isolation of people, blocking out areas of
infectious disease epidemics, and compulsory quarantine and treatment of suspected vectors
and people in close contact with them. In 2010, the ban on entry to China of foreigners with
HIV / AIDS or leprosy was lifted. Under current legislation, foreigners with severe mental
disorders, infectious pulmonary tuberculosis or other infectious diseases that may
significantly endanger public health may be banned from entering China.     
 
 
Legal and regulatory framework
 
The public health crisis system of the People's Republic of China (PRC or China) has been
significantly restructured, mainly as a result of the Severe Acute Respiratory Syndrome
(SARS) crisis in 2002–2003. While the statutory and regulatory framework for dealing with
public health emergencies existed prior to the SARS crisis, major laws, regulations and
government measures have since been amended or re-enacted to reduce health emergencies. 
 
Constitution of the PRC on states of emergency
 
March 14, 2004 The constitution of the People's Republic of China1 was amended to extend
the powers of the National People's Congress, the President and the State Council to declare
martial law, including the declaration of states of emergency in cases of major natural
disasters, industrial accidents. , public health crises, civil unrest and terrorist attacks. 
 
Emergency Response Law and National Emergency Plan System In order to prevent and
mitigate emergency threats such as natural disasters, industrial accidents, public health crises
and public safety threats, the PRC's First Emergency Response Law promulgated and entered
into force in 2007.
Since the enactment of the Emergency Response Act, the country has established a national
emergency planning system in line with the Emergency Response Act. The law requires
government at all levels, including the Council of State and its departments, to formulate
contingency plans for these government bodies to apply according to their level of
authority. The central government has set up a website on its official website where it
publishes emergency contingency plans formulated by the State Council, its departments and
provinces. The website also publishes special project plans. As part of the National Public
Emergency Contingency System, a National Public Health Emergency Plan was developed
on February 26, 2006 in line with the provisions on health emergencies discussed in Part III
(B) below.    
 
Provisions on public health emergency situations
 
The main body of law specific to public health emergencies is the public health contingent
emergency law (public health emergency law), announced by the Council of State on May 9,
2003. of unknown cause, serious food accidents and occupational poisoning, and other
serious public health incidents that occur unexpectedly and cause or may cause serious harm
to public health in society.
 
Act on the prevention and treatment of infectious diseases
 
Before the introduction of the Health Emergency Regulations in 2003, the main legal act on
the prevention and treatment of infectious diseases, including reporting and disclosure in
epidemic situations, was the PRC Act on the Prevention and Treatment of Infectious Diseases
(Act on Infectious Diseases), which was enacted in 1989. The Act was substantially amended
in August 2004. On December 1, 2004, the new version doubled the length of the previous
Infectious Diseases Act from forty-one articles to eighty articles. The Act on Infectious
Diseases divides infectious diseases into three categories, each of which requires different
preventive and control measures. Category A includes bubonic plague and cholera; Category
B includes diseases such as SARS, anthrax, AIDS, typhoid, and viral hepatitis; and category
C includes diseases such as influenza, leprosy, mumps and schistosomiasis. The 2004
amendment to the law added infectious SARS and highly pathogenic avian influenza to
category B, thus bringing the total number of infectious diseases to thirty-seven. Three
category B diseases - infectious SARS, pulmonary anthrax and highly pathogenic avian
influenza - are intended for treatment with preventive and control measures for Category A
disease.      
 
Other applicable laws, regulations and government measures
 
The prevention, control and elimination of epidemic diseases in animals is subject to the
general supervision of the Ministry of Agriculture of the State Council and is regulated by the
Law of the PRC on the prevention of epidemics in animals. The law was passed in 1997 and
amended in 2007. According to the law, animal epidemics are divided into three categories,
the first of which covers epidemics that threaten humans and animals so seriously that urgent
and intensive and mandatory measures are needed to prevention, control and
elimination. Some other important laws and regulations for resolving public health issues
include the PRC Food Safety Law and various laws and regulations regarding
quarantine. Pursuant to the Food Safety Act, the State Council is to organize the development
of a national food safety emergency response plan; a county government or above must also
develop food safety emergency response plans for its administrative region.    
 
Central government departments have also established the following measures to specifically
manage information reporting, transport administrations and border quarantine in the event of
public health crises:
* Ministry of Health: Measures for the administration of information reporting in the
monitoring of public health emergencies and infectious disease epidemics (7 November
2003; revised 24 August 2006); 
* General Authority for Quality Control, Inspection and Quarantine: Provisions for
emergency response to inspection of entry-exit and quarantine in public health emergencies
in border areas and ports (November 7, 2003); and  
* Ministry of Health and Ministry of Transport: Public Health Traffic Preparedness and
Response Regulations (March 4, 2004; effective May 1, 2004). 
 
In 2007, the Council of State passed regulations on open government information. As of May
1, 2008, information regarding public emergency plans, early warnings and emergency
response is included in the "key information" that the county government and above must
disclose to the public. 
 
 
 
The structure of the public health crisis management system
 
Central and local institutions
The Council of State is the highest executive body and has, inter alia, powers to direct and
administer work in the field of public health. In 2013, the Ministry of Health merged with the
newly created National Commission for Health and Family Planning (NFZ), a department of
the State Council. The NHFPC deals with most health matters at national level. Oversees and
administers infectious disease prevention and various aspects of hygiene, organizes and
supervises international cooperation and exchanges involving healthcare, and mobilizes
national medical personnel and technical resources to help local governments and other
departments concerned to deal with epidemics and diseases and to take emergency measures
in to prevent and control them. An ambulance, the Public Health Oversight Center , has been
set up under the NHFPC to deal with public health emergencies.       
 
Once a public health crisis has been identified, the Council of State establishes an emergency
headquarters over which it exercises uniform leadership and command. The national
headquarters set up in the event of a crisis situation is to consist of the relevant departments
of the State Council and the Armed Forces, under the leadership of the appropriate head of
the State Council as the director general . NHFPC and other relevant departments of the State
Council carry out related tasks within the scope of their tasks and responsibilities.   
 
Provincial governments are also required to establish emergency centers when a public health
crisis breaks out, with the main provincial leaders as CEOs responsible for handling
emergencies in their region. Provincial headquarters are to direct the response to the crisis
within their jurisdictions. Health departments of local government units at the poviat level
and above are responsible for examining and managing health crises and organizing
treatment  
 
Decision-making
With the outbreak of a public health crisis, the emergency center set up by the State Council
is responsible for directing and managing the nationwide response to the public health
crisis. Provincial Emergency Centers are responsible for directing and commanding crisis
response within their own jurisdictions. 
 
In the event of a SARS crisis, the State Council established the National SARS Prevention
and Control Command, headed by the Deputy Prime Minister and the Minister of Health. Ten
dedicated teams (e.g., Prevention and Control, Quarantine and Rural) and the Office General
were component units 
 
 
 
 
 
Reporting and disclosure of information about emergencies
The state, in accordance with the provisions on health rescue, is to establish a system of
reporting emergency situations. Under the system, the following circumstances may trigger a
provincial emergency report to the NZFHR, to be filed within one hour after the provincial
government receives information on the emergency: (1) outbreak and spread or potential
epidemic and spread of an infectious disease; (2) onset or discovery of a broad-
spectrum disease of unknown cause; (3) loss of bacteria and viruses of infectious
diseases; and (4) the occurrence or potential occurrence of serious food and occupational
poisoning incidents. The NHFPC is to promptly report to the Council of State any
emergencies "that may have significant social repercussions." Health emergencies laws also
require health emergency notifications to be forwarded from monitoring and medical
organizations to local health departments, to local councils to higher-level health departments
(including the NHFPC), with each organization or department reporting to within two hours
of receipt.         
“Health emergencies laws also require NHFPC reporting and sharing information to other
Council of State departments, provincial health departments, and the Armed Forces; from
provincial health departments to their counterparts in neighbouring provinces; from
provincial health departments to sub-health departments within the same jurisdiction; and
from county and higher governments to their health departments”.     
 
In addition, any entity or individual in China has the right to report a potential public health
emergency to the government, as well as the right to report at a higher level if local
government fails to fulfill its obligations and responsibilities. or make them in accordance
with the regulations. There are also plans to establish an information hotline. 
 
 
 
 
 
 
Powers of public health authorities
 
Declaring a statutory epidemic of an infectious disease
 
In the case of a newly diagnosed acute infectious disease, the health department under the
State Council, formerly the Ministry of Health (MOH), and from 2013 the NFHR, has the
right to recognize it as a statutory infectious disease in accordance with the Act on Infectious
Diseases. Only the Council of State may itself recognize such a disease as a category A
disease. NHFPC is entitled to declare the addition of a disease to category B or C. MOH or
NHFPC may also, after approval by the State Council, decide to apply preventive and control
measures applicable to the diseases Category A for certain Category B diseases and other
infectious diseases outbreaks of unknown causes. Such a decision was made, for example,
during the 2009 H1N1 influenza A crisis   
 
 
Preparation and implementation of emergency plans
 
Under the emergency regulations, the health service of the Council of State, now NHFPC, is
to develop a national emergency plan and submit it to the Council of State for
approval. Based on the national plan, the provincial authorities are to develop contingency
plans for their administrative regions. When a public health emergency occurs, health
departments should organize experts to assess and classify and propose whether to implement
an emergency plan. “Emergency investigations are carried out by specialized technical
organizations designated by provincial and supra-provincial health departments or by other
relevant departments; verification of relevant evidence; and to deal with, manage and assess
such crises. With the approval of the Council of State, the NHFPC implements the emergency
plan nationwide or in different provinces. The decision to implement a provincial emergency
plan is made by the provincial government, not the health authority, and must be reported to
the Council of State.”       
 
Measures 
 
1. Evacuation, isolation and blockade The emergency center has the authority to evacuate or
isolate people and to block out epidemic areas of infectious diseases. Suspect vectors and
those in close contact with infected patients who require quarantine and treatment or medical
observation must cooperate with the health department or appropriate
organizations. Mandatory implementation will be carried out with the help of the police.  
2. Personnel and assembly facilities The emergency center is authorized to stockpile
personnel, materials in reserve, transport vehicles and appropriate facilities and equipment in
the event of an emergency. Relevant departments of the State Council and local self-
governments at the poviat and higher level are to ensure the production and supply of medical
and emergency equipment, medicines, medical instruments and other necessary materials. 
3. On-site inspection The emergency center may adopt measures to control food and water
sources. Government health departments are to adopt measures to contain the crisis and
provide emergency immunization, preventive drugs and environmental protection measures
for those at risk of infection or harm.  
4. Right of access. Specialized technical organizations designated by the NHFPC or other
relevant departments of the State Council have the right to enter the scene for the purpose of
carrying out examinations, sampling, technical analysis and testing. The cooperation of the
relevant individuals and individuals is obligatory. 
5. Formulation of standards The NHFPC is to develop technical standards, specifications and
controls "as soon as possible" for newly discovered infectious diseases, broad-spectrum
diseases of unknown cause, and severe cases of food and occupational poisoning.
 

Sanctions
The health emergency legislation includes administrative sanctions (eg Written Criticism,
Warnings, Demotion, Release) for unacceptable acts committed by government officials
involved in public health emergencies. “These include, for example, covering up, delaying a
report, or lying about a public health emergency or instructing others to do so; refusing to
cooperate with higher-level government investigations or fulfilling duties in an
emergency; and neglect of duties. Officials will be dismissed if their actions result in
contamination, the spread of an infectious disease or harm to public health”. Medical
institutions that refuse to admit and treat patients or fail to take immediate control measures
are subject to administrative sanctions and may risk revoking their licenses; the officials
involved will be punished. Responsible entities or persons who fail to comply with reporting
obligations, hinder technical or other personnel, refuse to cooperate with investigations, etc.,
may be subject to administrative or disciplinary sanctions. If any of the above acts result in a
crime, the perpetrator will be prosecuted        
 
 
Transparency of the public health crisis management system
 
The Infectious Disease Act explicitly prohibits responsible officials and personnel involved
in fighting an epidemic from concealing an infectious disease outbreak or instructing others
to do so. It also requires NHFHR and, under its authority, provincial health departments, to
promptly disclose information about the outbreak and announce it to the public. Emergency
health regulations strengthen the law. Information about public health emergencies should be
disclosed in a "timely, accurate and comprehensive manner" and no individual or person
should hide, delay, or lie about public health emergencies or instruct others to do so.        
“Despite such provisions, the transparency of the public health crisis management system can
be problematic given that the media is controlled by the Communist Party through
government agencies and the government may treat infectious diseases as a national security
issue of secrecy. In addition, the military health departments supervise and control the
prevention and treatment of infectious diseases in the People's Liberation Army.” For
example, during the SARS crisis, the independent administration of military hospitals
allowed such hospitals in Beijing to keep secret the numbers of SARS patients held there,
resulting in a significant under-reporting. Even after disclosing the actual number of cases,
officials reportedly failed to provide statistics from nearly two hundred military hospitals in
the PRC.   
While the 2004 amendment to the Infectious Diseases Act still stipulates that military health
departments are to oversee and control the prevention and treatment of infectious diseases in
the People's Liberation Army, it now imposes reporting obligations on military
hospitals. Military hospitals, some of which are open to the public, must report epidemics of
infectious diseases that they encounter when providing health services to the population, in
accordance with the relevant provisions of the NHFPC.    
 
 
 
Cooperation with the World Health Organization
 
“The PRC is a member of the World Health Organization (WHO), has a WHO representative
in Beijing and is part of the WHO Western Pacific Region. At least sixty-four Chinese health
research institutions have been designated as WHO collaborating centers . In the early stages
of the crisis, the SARS PRC delayed reporting cases to WHO and hosting inspectors, and was
criticized for its lack of transparency. However, the PRC has issued WHO- compliant health
regulations for international trade and travel, disinfected means of transport and required
health documents for travellers . Despite the initial lack of cooperation, a high-ranking WHO
official later praised the PRC for "excellent work" in preventing and treating SARS and said
the government had taken advice from international experts and made changes to tackle the
disease. While the PRC's delay in response to SARS was partly attributed to concerns about
economic repercussions, the PRC first treats an infectious disease as a medical problem
requiring a medical response. Hence, the delay may be due in part to (former) bureaucratic
procedures which required the classifying an infectious disease as a Category B disease
before local health authorities were to report it to the central government. It may also be
unclear whether the disease falls under the framework of the WHO's International Health
Regulations (IHR), which makes reporting to WHO mandatory. Before May 2003 IHR
compliance was at the discretion of the Member States; WHO had no executive powers and
had to rely on persuasion and recommendations to encourage member states to notify WHO
within twenty-four hours of an outbreak of communicable disease. In addition, only three
diseases (plague, cholera and yellow fever) and no other emerging infectious diseases were
not covered by the IHR. It was only in late May 2003, during its 56th session, that WHO
adopted a resolution on SARS reaffirming the WHO's mandate to verify outbreaks from all
available official and unofficial sources and to determine the severity of an epidemic
through an on- site investigation “.                      
 
 
Last changes
 
Entry ban for foreigners with HIV / AIDS has been lifted
 
On April 24, 2010, the State Council issued a decree amending the implementing provisions
of the Act on health and quarantine. The measures were first approved by the Council of
State in 1986 and amended in 1994. Under the old measures, foreigners suffering from
"mental disorders, leprosy, AIDS, venereal diseases, contagious tuberculosis or other
communicable diseases" could be prevented from entering China . The new measures only
altered this section, lifting the ban on foreigners with HIV / AIDS or leprosy, leaving intact
the entry ban for people with "serious mental disorders, contagious pulmonary tuberculosis or
other communicable diseases that may endanger public health in a major way."  
 
 
 
 
Application of international health regulations
 
“On May 14, 2007, the Chinese government announced that the International Health
Regulations (IHR), which will enter into force on June 15, 2007, will apply to the entire
territory of the People's Republic of China, including Hong Kong's two special administrative
regions. Kong and Macau. The then-China Ministry of Health was designated as the
"National Contact Point" in China, pursuant to IHR Article 4, paragraph 1. The IHR has also
designated the local health administrative authorities as the authorities responsible for the
implementation of the IHR in their respective jurisdictions and the General Administration
for Quality Supervision, Inspection and Quarantine of China and its local offices as
competent authorities in the entry points referred to in Art. 22 IHR”  
 
In this declaration, China committed to revise its frontier health and quarantine laws to meet
IHR needs. In the later amendment to the Act of December 29, 2007, only the provision on
the cross-border transport of remains was changed. Nevertheless, the law states that in the
event of any conflict between it and the IHR, the IHR takes precedence.