BMC(Busan Metropolitan City) Ordinance for the Prevention and Control of Infectious Disease
In-charge
Department: Civil Disinfection Facilitation Division, Citizen Health Bureau
(Enaction) February 12, 2014 Ordinance No. 4999
(Partial Revision) February 25, 2014 Ordinance No. 5105
(Partial Revision) March 28, 2018 Ordinance No. 5732
(Full Revision) July 15, 2020 Ordinance NO. 6208
- Article 1 (Purpose)
- The ordinance aims at preventing the outbreak and pandemic of an infectious disease, which is harmful to the health of the community, and contributing to enhancing and maintaining the health of the community by stipulating the requirements for the prevention and control.
- Article 2 (Definition)
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The ordinance shall use the terms, which are defined as follows:
- 1. “Infectious disease” menas the infectious disease pursuant to the Act on the Prevention and Control of Infectious Diseases (hereafter called “Act”) Article 2 Paragraph 1.
- 2. “Cases of infectious disease, etc.” means the person pursuant to the Act Article 2 Paragrapshs 13, 14, and 15.
- Article 3 (Duties) ① Busan Metropolitan City (hereafter called “City”) shall respect the dignity and value, as a human, of the patients with infectious disease, protect their basic rights, and push for projects to prevent and control diseases that are harmful to the health of the community.
- ② The City shall take necessary measures to protect the community members from being discriminated against gender, disability, age, religion, race, and economic and local conditions, while executing the projects pursuant to Paragraph 1.
- Article 4 (Duties and Responsibility of Health Care Provider) ① The health care provider and the head of the medical institution, pursuant to the Medical Service Act, shall cooperate fully with the City for the monitoring, prevention and control, and epidemiological investigation of infectious diseases.
- ② The health care provider and the head of the medical institution, pursuant to the Medical Service Act, shall be committed to the diagnosis, management, and treatment of the case with infectious disease, and be fully cooperative for the administrative order of the Mayor of Busan Metropolitan City (hereafter called “Mayor”).
- ③ The health care provider and the head of the health care institution, pursuant to the Medical Service Act, shall have rights to access to the information on the treatment of the case with infectious disease, and may be indemnified for any damage from the diagnosis and treatment of the case with infectious disease.
- Article 5 (Rights and Duties of Community Member) ① The community member shall cooperate fully for the activities by the City, such as tretment and quarantining, to prevent and control infectious disease.
- ② The community member shall have rights to access to the information and response measure for the incidence of infectious disease and the prevention and control of infectious disease, and the City shall disclose the information in a swift manner.
- ③ The community member shall have rights to the diagnosis and treatment for infectious disease and may be indemnified for the damage, if any, from quarantine and treatment.
- Article 6 (Creating and Execution of Enforcement Plan) ① The Mayor shall create and execute the enforcement plan every year to prevent and control infectious disease, pursuant to the master plan in the Act Atricle 7 Paragraph 1.
- ② The master plan in Paragraph 1 shall include the following paragraphs:
- 1. Basic goal and directions for the prevention and control of infectious disease
- 2. Planning and implementation method for the prevention and control of major infectious disease
- 3. Measures to cultivate the professional manpower for infectious disease
- 3-2. Measures to strengthen the capability of medical institutions by type, pursuant to the subparagraphs of the Medical Service Act Article Paragraph 2, to cope with the crisis of infectious disease.
- 4. Measures to manage the statistics and information on infectious disease
- 5. Measures to share the information, related to infectious disease, between medical institutions
- 6. Any matter required otherwise for the prevention and control of infectious disease
- ③ The Mayor may request a relevant administrative agency or organization to submit the data needed to create and execute the enforcement plan.
- ④ The relevant administrate agency or organization, requested pursuant to Paragraph 3, shall comply with the request, unless there is a specific reason.
- Article 7 (Survey) ① The Mayor may conduct a survey, pursuant to the Act Article 17, to understand the management and infection of infectious disease and the resistant bacteria.
- ② Inclusions in the survey, pursuant to Paragraph 1, and the requirements for the method and procedure of the survey shall follow the Act oon the Prevention and Control of Infectious Disease Enforcement Regulation (hereafter called “Enforcement Regulation”) Article 15.
- Article 8 (Prevention and Control of Infectious Disease)
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The Mayor shall enforce the activities of the following subparagraphs to prevent and control infectious
disease:
- 1. Measures to prevent, and quarantine for, infectious disease
- 2. Treatment and protection for the cases with infectious disease
- 3. Creation and execution of a vaccination plan to prevent infectious disease
- 4. Education and publicity on infectious disease
- 5. Collection, analysis and supply of the information on infectious disease
- 6. Survey and research on infectious disease
- 7. Cultivation of professional manpower for the prevention of infectious disease
- 8. Stocking of drugs for the treatment and prevention of infectious disease
- 9. Survey and research for the incidence of infectious due to the demographic change, such as climate change, low birth rate, and aging population, and the establishment of preventive measures
- 10. Buildup and operation of the information system for the management and control of infectious disease
- 11. Planning, education, and training in preparation for the domestic inflow of novel infectious disease from overseas
- 12. Activities needed otherwise for the prevention and control of infectious disease
- Article 9 (Verification of Full Vaccination) ① The Mayor may request district mayors and gun mayors to verify if newly enrolled students are fully vaccinated, pursuant to the Act Article 31 Paragraphs 1 and 2.
- ② The Mayor shall verify the vaccination records and reports from the district mayors and gun mayors, pursuant to the Act Article 28 Paragraph 1 and the Enforcement Regulation Article 23 Paragraph 3, and may request the district mayors and gun mayors for cooperation to complete vaccination for the infants and students who are not fully vaccinated (hereafter called “Unvaccinated Child”), if any.
- ③ The Mayor shall be committed to improving the vaccination rate by monitoring regularly if the Unvaccinated Child are fully vaccinated.
- Article 10 (Vaccination Week) ① The Mayor may set and operate the vaccination week, and verify if the community members are fully vaccinated, to vitalize the vaccination for infectious disease with the interests in vaccination raised among the community members.
- ② The Mayor may guide the Unvaccinated Child intensively for vaccination during the vaccination week.
- Article 11 (Sentinel Surveillance of Infectious Disease) ① The Mayor may demand the submission of needed data for the sentinel surveillance of infectious disease, or request the cooperation for the prevention and control of infectious diseaes, to the head of the sentinel surveillance institution for infectious disease, pursuant to the Enforcement Regulation Article 14.
- ② The Mayor shall provide the critical information on the community health, out of the information collected pursuant to Paragraph 1, for relevant institutions, organizations, or community memers.
- ③ The Mayor may support the sentinel surveillance institution for infectious disease, pursuant to the Enforcement Regulation Article 14, for the expense for sentinel surveillance.
- Article 12 (Epidemiological Survey) ① The Mayor shall conduct the epidemiological survey, pursuant to the Act Artile 18, immediately if an infectious disease occurrs and is deemed to cause a risk of pandemic.
- ② The Mayor shall set up the epidemiological survey team, pursuant to the Act on the Prevention and Control of Infectious Disease Enforcement Decree Article 15, for the epidemiological survey pursuant to Paragraph 1.
- ③ The Mayor, pursuant to the Act Article 29, shall conduct the epidemiological survey, pursuant to Paragraph 1, if there occurrs a case of post-vaccination side effect.
- ④ No one shall refuse, disturb, evade, or perjure or testify falsely against the epidemiological survey, conducted by the Mayor, without any valid reason.
- ⑤ If a health care provider or the founder of a medical institute requests the Mayor for conducting the epidemiological survey, the Mayor, pursuant to the Act Article 18-2, shall notify the health care provider or the founder of the medical institute, immediately either in writing or by phone, of the conduction of the epidemiological survey and the reason.
- Article 13 (Designation of Infectious Disease Management Institution) ① The Mayor, pursuant to the Enforcement Regulation Article 28, may designate the hospital and general hospital under the Medical Service Act Article 3 Paragraph 2 Subparagraph 3 as infectious disease management institution.
- ② The head of the infectious disease management instituion, designated pursuant to Paragraph 1, shall set up a management facility to prevent infectious disease and treat the cases of infectious disease.
- ③ The Mayor shall support the infectious disease management instituion for the expense to set up and operate the infectious management facility.
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Article 14 (Set up of Infectious Disease Management Institution under Infectious Disease Crisis)
① The Mayor may take the measures of the following subparagraphs if there is a outbreak incidence
of the massive cases of infectious disease or if the infectious disease management institutions,
designated pursuant to Article 13, alone are unable to accommodate all the cases of infectious
disease:
- 1. Designate medical institutions, not designated as an infectious disease management institution pursuant to Article 13, for a certain span of time
- 2. Set up and operate a quarantine center, nursing home, or health clinic
- ② The head of the infectious disease management institution, designated pursuant to Paragrapsh 1 Subparagraph 1, shall set up the infectious disease management facility pursuant to the Enforcement Regulation Article 30.
- ③ The Mayor shall support the infectious disease management institution for the expense to set up and operate the facility pursuant to Paragraph 2.
- ④ The head of the infectious disease medical institution, designated pursuant to Paragraph 1 Subparagraph 1, shall not refuse the order of Paragraph 2 without any vaild reason.
- Article 15 (Prohibition of Admission Refusal for Cases of Infectious Disease)
- The infectious disease medical institution shall not refuse the admisstion of the cases of infectious disease without any valid reason.
- Article 16 (Management of Cases of Infectious Disease) ① The infectious disease medical institution shall hospitalize and treat the cases of the infectious disease, which has a notably high risk of transmission and contracted the infectious disease announced by the Minister of Health and Welfare.
- ② The Mayor may have the cases of infectious disease hospitablized and treated in medical instituion, other than the infectious disease medical institution, if the the infectious disease medical institution is unable to accommodate the cases of infectious disease with the hospital beds fully saturated.
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③ The Mayor may have the infectious disease medical institution treat, or place under an in-home
treatment, a person of any one of the following subparagraphs:
- 1. A person not eligible for hospitalization and treatment pursuant to Paragraphs 1 and 2
- 2. A person with a risk of contracting, or being transmitted to, infectious disease from contacting with the case of infectious disease
- Article 17 (Forced Disposition on Infectious Disease) ① The Mayor may have the public officials enter residential facilities, transportations, such as vessel, airplane and train, or other venues, which are deemed for the presence of the cases of infectious disease that fall under any one of the subparagraphs of the Act Article 42 Paragrapsh 1, for required survey or diagnosis, and accompany the cases of infectious disease, if deemed by the diagnostic result, for treatment or hospitalization,
- ② The public official, who engages in survey or diagnosis, shall bring a badge to prove his/her authority and show it to persons concerned.
- Article 18 (Notification of Hospitalization for Cases of Infectious Disease)
- Tha Mayor, if the cases of infectious disease need the hospitalization and treatment pursuant to Article 16, shall notify the fact to the subjects of hospitalization and treatment and their guardians.
- Article 19 (Quarantine Measures for Infectious Disease Pandemic)
- The Mayor, if there is an incidence of an infectious disease pandemic, shall take the measures pursuant to the Act Article 47, in entirety or in part, to prevent the transmission of the infectious disease.
- Article 20 (Preventive Measures for Infectious Disease)
- The Mayor shall take the measures pursuant to the Act Article 49, in entirety or in part, to prevent an infectious disease.
- Article 22 (Financial Support for Health Care Provider or Founder of Medical Institution)
- The Mayor may provide financial supports, within the budget, for the health care provider, or the founder of a medica institution, who aided the monitoring, prevention and control, and epidemiological survey of the infectious disease pursuant to the ordinance.
- Article 23 (Living Support for Cases of Infectious Disease) ① The Mayor may provide medical expense, living support, and other financial support, within the budget, for those who are hospitalized or isolated pursuant to the ordiance.
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Article 24 (Support for Self-quarantine)
① The Mayor may support those who fall under the Act Article 41 Paragraph 3, as in the following
subparagraphs:
- 1. Medical service support for the illness from an infectious disease
- 2. Hospital transportation support for self-quarantine
- 3. Psycological support for self-quarantine, victime, and surviving family
- 4. Supply of special waste bag and disinfection medicine
- 5. Isolation at facility, if needed, for self-quarantine
- 6. Any support deemed otherwise necessary by the Mayor to support self-quarantine
- ② The Mayor may support the expense needed for Paragraph 1, if any, partially within the budget.
- Article 25 (Expense Support for Medical Personnel)
- The Mayor, when mobilizing a health care provider, medical practitioner, or medical service personnel, may support the health care provider or the head of the medical institution, which employs the medical personnel, for the required expense, such as allowance, treatment fee or prescription fee,
- Article 26 (Facility Support)
- The Mayor may provide support for the facility operation for selective treatment or isolation treatment, if a facility is deemed necessary unavoidably, in spite of being a private facility, for faility support to prevent and isolate an infectious disease.
- Article 27 (Infectious Disease Management Support Group) ① The Mayor may have the Busan Metropolitan City Infectious Disease Management Support Group (hereafter called “Support Group”) to prevent and control an infectious disease and improve the capability to respond to it.
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② The Support Gruop shall conduct the activities of the following subparagraphs:
- 1. Analyse the frequent incidences of infectious disease within the city jurisdiction and develop control policies
- 2. Develop, disseminate, and publicise the education material for the frequent incidences of infectious disease within the city jurisdiction
- 3. Buildup a network of infectious disease institutions and experts
- 4. Monitor, and provide information on, the domestic and foreign incidences of an infectious disease
- 5. Educate staffs related to infectious disease
- 6. Develop and disseminate a work manual for epidemiological survey
- 7. Any activity deemed otherwise necessary by the Mayor to prevent and control an infectious disease
- Article 28 (Planning and Execution of Crisis Management Measures for Infectious Disease) ① The Mayor shall plan and execute the crisis management measures for the infectious disease pursuant to the Act Article 35 Paragraph 2.
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② The execution plan for crisis management measures for infeictious disease under Paragraph 1 shall
include the matters of the following subparagraphs:
- 1. Response system and each institution’s role for the incidence of a disater and the inflow of novel infectious disease from overseas
- 2. Judgment of disaster or emergency, and management system for crisis alert
- 3. List up the professional manpower like health care provider, facility, and medical institution to mobilize at the time of infectious disease crisis
- 4. Measures to stock and supply medical supplies
- 5. Preparatory training for actual incidence, including a community guide for what to do under disater and crisis, an education for personnel, facility, and institution to mobilize, and a map exercise
- 6. Any matter deemed otherwise necessary by the Mayor to overcome a disaster or crisis
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Article 29 (Busan Metropolitan City Infectious Disease Management Committee)
① The Mayor may have the Busan Metropolitan City Infectious Disease Management Committee in place
to deliberate and consult on the following subparagraphs:
- 1. Planning for the execution of the prevention and control of an infectious disease
- 2. Measures for infectious disease crisis management
- 3. Consignment or commissioning, and efficient operation of the Infectious Disease Mangement Support Group
- 4. Efficient operation of the activities to prevent and control the infectious disease pursuant to Article 8
- 5. Any matter deemed otherwise necessary by the Mayor to prevent and control an infectious disease
- ② The Busan Metropolitan City Local Health Care Deliberation Committee, pursuant to the Busan Metropolitan City Local Health Care Deliberation Committee Ordinance, shall deliberate and consult on the matters pursuant to Paragraph 1.
- Article 30 (Provision and Management of Health and Medical Service)
- The Mayor shall plan and execute the measures to prevent the incidence and pandemic of an infectious disease and provide and manage the approporiate health and medical service, pursuant the Framework Act on Health and Medical Service Article 40.
- Article 31 (Consignment) ① The Mayor may consign the works, in entirety or in part, to a work-related corporation or organization to implement the activities to prevent and control an infectious disease, pursuant to Article 8, and, operate the Support Group, in an efficient manner.
- ② Consigning the works pursuant to Paragraph 1 shall be eligible for the support of required expense within the budget.
- ③ Consigning the works pursuant to Paragraph 1 shall follow the Busan Metropolitan City Framework Ordinance for Private Consignment for any matters not stipulated in the ordinance.
- Artile 32 (Education and Publicity ① The Mayor shall conduct the education for the prevention and control of an infectious disease each and every year.
- ② The Mayor may publicize the releveant information for the prevention and control of an infectious disease via the Busan Metropolitan City bulletin or the Busan Metropolitan City website.
- ③ The Mayor may hoold a hearing or seminar, or commission a survey or research to an expert, for the research development to pretect and control an infectious disease.
- Article 33 (Reward)
- The Mayor may reward an institution, corporation, or organization with an outstanding contribution to the prevention and control of an infectious disease, pursuant to the Busan Metropolitan City Reward Ordinance.
- Article 34 (Buildup of Cooperation System)
- The Mayor shall build up a regular cooperation system with districts and guns, the Busan Metropolitan City Office of Education, local medical associations, medical institutions, and local health and medical organizations to prevent and control an infectious disease.
Supplementary Provision
- Article 1 (Effective Date)
- The ordinance shall be in effect upon proclamation.
- Article 2 (Revision of Other Ordinance)
- The Busan Metropolitan City Local Health Care Deliberation Committee Ordinance shall be revised partially as follows:
- Article 2 Paragraphs 9 shall make into Paragraph 10 with the new addtion of Paragraph 9 as follows:
- 9. Subparagraphs of the Busan Metropolitan City Ordinance for the Prevention and Control of Infectious Disease Article 29 Paragraph 1
