Management of infectious diseases
Management of infectious diseases
- The state and local governments must perform the following programs to manage infectious diseases (Article 4 paragraph 2 of the “Infectious Disease Control and Prevention Act”).
· Medical treatment and protection of patients, etc. with an infectious disease;
· Collection, analysis, and provision of information on infectious diseases;
· Investigation and research on infectious diseases;
· Collection, tests, preservation, and control of Infectious disease pathogens (including samples such as blood, body fluids and tissues for confirmation of infectious disease pathogens) and the surveillance of drug resistance thereof;
· Developing a specialized laborforce to prevent and manage infectious diseases, etc.
· Protecting the specializedlabor force that worked to prevent and manage infectious diseases
· International cooperation for the exchange, etc. of infectious disease control information;
· Evaluation of infectious disease control projects;
· Establishment and operation of an information system for the prevention and control of infectious diseases;
· Continuous monitoring of the trends of outbreaks of new overseas infectious diseases, and the risk evaluation thereof, and the designation of new overseas infectious diseases subject to control;
· Preparation of a system for prevention from and countermeasures against new overseas infectious diseases subject to control, and the publication of reports and the public announcement of the relevant guidelines (including manuals) on such new overseas infectious diseases, through the collection of information on pathogens, etc. thereof, the analysis of characteristics thereof, and research.
Infectious disease control agencies
Designation of infectious disease control agencies
- The Minister of Health and Welfare, the Commissioner of the Korea Disease Control and Prevention Agency, the Special Self-Governing Province Governor, the Special Self-Governing City Mayor, or the Mayor/Do Governor shall designate a medical institution under Items A and E of Subparagraph 3 of Article 3(2) of the Medical Act as an infectious disease control institution (Article 36(1) of the Infectious Disease Control and Prevention Act and Article 28(1) of the Enforcement Decree of the Infectious Disease Control and Prevention Act).
- The head of a Si/Gun/Gu may designate hospitals and general hospitals under Items A and E of Subparagraph 3 of Article 3(2) of the Medical Service Act as infectious disease control institutions (Article 36(2) of the Infectious Disease Control and Prevention Act and Article 28(1) of the Enforcement Regulation of the Infectious Disease Control and Prevention Act).
- The head of a medical institution designated as above (hereinafter referred to as "infectious disease control institution") shall establish facilities for preventing infectious diseases and for treating patients, etc. with an infectious disease (hereinafter referred to as "infectious disease control facilities") and establish single-occupancy patient care rooms with a vestibule and a negative pressure isolation room in accordance with the standards prescribed under Article 31 of the Enforcement Regulation of the Infectious Disease Control and Prevention Act, in order to prevent the spread of a disease (Article 36(3) of the Infectious Disease Control and Prevention Act).
- TheSpecial Self-Governing Province Governor, the Special Self-Governing CityMayor, and a Mayor/Governor must designate facilities to isolate those who are suspected to be infected with infectiousdisease at the time of the outbreak or endemic of an infectious disease(Article 39-3 paragraph 1 of the “Infectious Disease Control andPrevention Act”).
※ However,the medical institutions corresponding to Article 3 of the “Medical Service Act” cannot be designated as isolation facilities forthose who are suspected to be infected withinfectious diseases.
- Wherea large number of contacts with patients with infectious diseases arise orwhere it is difficult to accommodate all infectedpersons with the above-designated facilities for infectedpersons, the Commissioner of the Korea Disease Control and Prevention Agency orthe Special Self-Governing Province Governor, Special Self-Governing CityMayor, a Mayor/Governor may designate a facility not designated as an isolationfacility for infected persons to bedesignated as such for a certain period of time (Article 39-3, paragraph 2 ofthe Infectious Disease Control and Prevention Act).
Installation of infectious disease control facilities
- The installation standards for infectious disease control facilities are as follows (Article 39 of the Infectious Disease Control and Prevention Act and Subparagraph 1 of Article 31(1) of the Enforcement Regulation of the Infectious Disease Control and Prevention Act).
· Infectious disease control agencies with 300 beds of more: At least one negative pressure room that satisfies the standards under annexed Table No. 4-2 of the Enforcement Regulation of the Infectious Disease Control and Prevention Act shall be installed;
· Infectious disease control agencies with less than 300 beds: At least one examining room isolated from the outside or an isolated ward shall be installed.
- For a medical institution that is not an infectious disease control agency to install and operate the infectious disease control facility, the institution shall attach a business plan to the Notification and submit them to the competent Special Self-Governing Province Governor, Special Self-Governing City Mayor, or the head of a Si/Gun/Gu (Former part of Article 36(5) of the Infectious Disease Control and Prevention Act and annexed Form No. 20 of the Enforcement Regulation of the Infectious Disease Control and Prevention Act).
Installation of control agencies for infectious disease crises
- Where patients are infected by an infectious disease in mass, or infectious disease control institutions are insufficient to accommodate all patients, etc. with an infectious disease, the Commissioner of the Korea Disease Control and Prevention Agency, the Special Self-Governing Province Governor, the Special Self-Governing City Mayor, a Mayor/Do Governor, or the head of a Si/Gun/Gu may take the following measures (Article 37(1) of the Infectious Disease Control and Prevention Act).
· Designating any medical institution, other than infectious disease control institutions designated under Article 36, as an infectious disease control institution for a certain period (Article 37(1) through (4) and Subparagraph 3 of Article 80 of the Infectious Disease Control and Prevention Act and Article 28(1) of the Enforcement Regulation of the Infectious Disease Control and Prevention Act);
√ The Minister of Health and Welfare, Commissioner of the Korea Disease Control and Prevention Agency, the Special Self-Governing Province Governor, the Special Self-Governing City Mayor, a Mayor/Governor, or the head of a Si/Gun/Gu may designate hospitals and secondary hospitals as infectious disease control agencies under Subparagraph 3 of Article 3(2) of the Medical Service Act;
√ The Minister of Health and Welfare, Commissioner of the Korea Disease Control and Prevention Agency, the Special Self-Governing Province Governor, the Special Self-Governing City Mayor, a Mayor/Governor, or the head of a Si/Gun/Gu shall support the cost incurred by installation and operation of the facilities to the control agencies;
√ The head of the designated infectious disease control agency cannot refuse to serve the order to install infectious disease control facilities without due cause and he/she who fails to install the infectious disease control facilities in violation of the order will be punished by fine not exceeding KRW 3 million.
· Establishing and operating isolation wards, sanatoriums, or clinics (Article 31 paragraph 1 subparagraph 2 and 3 of the “Enforcement Rule of the Infectious Disease Control and Prevention Act”).
√ Operating isolation wards and sanatoriums: Establish facilities corresponding to clinics among the facility standards of medical institutions under Article 34 of the “Enforcement Rule of the Medical Service Act” or temporary accommodation facilities and portable clinics;
√ Clinics: Establish facilities corresponding to clinics among the facility standards of medical institutions under Article 34 of the “Enforcement Rule of the Medical Service Act” or public health branch under Article 13 of the “Regional Public Health Act”.
Evaluation of infectious disease control facilities
- The Minister of Health and Welfare, Commissioner of the Korea Disease Control and Prevention Agency, the Special Self-Governing Province Governor, the Special Self-Governing City Mayor, a Mayor/Do Governor, or the head of a Si/Gun/Gu may conduct evaluations of infectious disease control institutions regularly, and reflect the findings thereof in the supervision, support, etc. of said institutions (Former part of Article 39-2 of the Infectious Disease Control and Prevention Act).
- The methods, process, and time-frame of such evaluations, details of the supervision and support, and other related matters will be determined by Article 31-2 of the “Enforcement Rule of the Infectious Disease Control and Prevention Act” (latter part of Article 39-2 of the “Infectious Disease Control and Prevention Act”).
Prohibition of export of quasi-drugs, etc.
Exporting or shipping overseas prohibited for quasi-drugs, etc.
- Whereany Class 1 infectious disease breaks out and the public health is likely to beharmed significantly due to a sudden price increase or lack of supply in any ofthe following products, including medical suppliesand goods for quarantine (hereinafter referred to as "quasi-drugs,etc.”), necessary for disease prevention, quarantine,and treatment, the Minister of Health and Welfare may prohibit the relevantquasi-drugs, etc. from being exported or shipped overseas (Article 40-3(1) ofthe Infectious Disease Control and Prevention Act and Article 31-4 of the EnforcementRegulation of the Infectious Disease Control and Prevention Act).
· Masks belonging to quasi-drugs under Subparagraph 7 of Article 2 of the Pharmaceutical Affairs Act;
· External hand disinfectant belonging to quasi-drugs under Subparagraph 7 of Article 2 of the Pharmaceutical Affairs Act;
· Protective equipment worn to prevent infectious diseases;
· Other items determined by the Minister of Health and Welfare as necessary for the prevention, quarantine and treatment of the Class 1 infectious diseases.
- Where the Minister of Health and Welfare intends to impose an embargo mentioned above, he/she shall have a prior consultation with the heads of the relevant central administrative agencies, and determine and publicize an embargo period in advance (Article 40-3(2) of the Infectious Disease Control and Prevention Act).
Sanctions for violation
- Anyonewho exports medical supplies and goods forquarantine or ships them overseas in violation of Article 40-3,paragraph 1 of the Infectious Disease Control and Prevention Act shall be sentenced up to five years of imprisonment orpenalized with a fine up to KRW 50 million (Article77 of the Infectious Disease Control and Prevention Act).