State regulations on attending school for patients with hepatitis B

1. The state attaches great importance to ensuring the enrollment and employment rights of hepatitis B surface antigen carriers (including kindergartens and nurseries, the same below). The Employment Promotion Law, the Education Law, the Law on the Prevention and Control of Infectious Diseases and other laws clearly stipulate that an employer may not refuse to employ people on the grounds that they are carriers of infectious diseases.

2. Educated people enjoy equal rights such as enrollment, further education and employment according to law; No unit or individual may discriminate against carriers of infectious diseases.

The first is to further clarify the cancellation of hepatitis B testing in the physical examination of enrollment and employment.

Medical research has proved that hepatitis B virus spreads through blood, mother-to-child and sexual contact, and daily work, study or life contact will not lead to the spread of hepatitis B virus. All kinds of educational institutions and employers at all levels are not allowed to carry out hepatitis B project testing (that is, hepatitis B virus infection markers testing, including hepatitis B virus surface antigen, hepatitis B virus surface antibody, hepatitis B virus E antigen, hepatitis B virus E antibody, hepatitis B virus core antibody and hepatitis B virus deoxynucleotide testing, commonly known as "hepatitis B five" and HBV-DNA testing, the same below), and they are not allowed to ask whether it is hepatitis B surface antigen. Medical and health institutions at all levels shall not provide hepatitis B project testing services in the physical examination of enrollment and employment. Because of the special occupation, it is really necessary to detect hepatitis B projects during admission and employment physical examination. The competent department of industry shall submit a research report and a written application to the Ministry of Health, and relevant tests can be carried out only after approval by the Ministry of Health. The occupation that the approved carriers of hepatitis B surface antigen are not allowed to engage in shall be announced to the public by the Ministry of Health. The physical examination of the army, armed police and public security special police shall be carried out in accordance with relevant regulations.

If liver function needs to be evaluated in the entrance and employment physical examination, alanine aminotransferase should be checked. For subjects with normal transaminase, any physical examination organizer may not force hepatitis B project testing.

Second, further safeguard the rights of hepatitis B surface antigen carriers in schools and employment, and protect the privacy of hepatitis B surface antigen carriers.

The human resources and social security, education and health departments of the local people's governments at or above the county level should conscientiously implement the employment promotion law, education law, infectious disease prevention law and other relevant laws and regulations, and earnestly safeguard the rights of HBsAg carriers for fair admission and employment. Educational institutions at all levels shall not refuse to enroll students or ask to drop out of school on the grounds that students carry hepatitis B surface antigen. Except for the special occupations approved and announced by the Ministry of Health, except for the requirements of the subjects, no health examination shall be conducted on the hepatitis B project, and the employer shall not refuse to recruit (employ) or dismiss or dismiss the workers on the grounds that they carry hepatitis B surface antigen. The physical examination report of hepatitis B project detection should be sealed and opened by the subjects themselves; No unit or individual may open and read other people's medical reports without authorization.

Three, to further strengthen supervision and management, strengthen law enforcement inspection.

The work related to the employment physical examination shall be carried out in accordance with the revised Detailed Rules for the Implementation of the Regulations on Hygiene Management in Public Places, the General Standard for the Physical Examination of Civil Servants (for Trial Implementation) and the relevant provisions on the physical examination of enrollment. The human resources, social security, education and health departments of the local people's governments at or above the county level should pay close attention to cleaning up the existing relevant policies, and any documents inconsistent with the provisions of this notice will not be implemented as of the date of issuance of this notice; If it belongs to the local people's government, its human resources and social security, education and health departments shall, according to their duties, make suggestions to the people's government and complete the abolition or amendment within 30 days from the date of receiving this notice.

The education department should further standardize the contents of the entrance examination form in accordance with the relevant provisions of the revised entrance examination. The education department of the local people's government at or above the county level shall strengthen the supervision and inspection of educational institutions, urge educational institutions to strictly implement the relevant provisions of this notice in the physical examination of enrollment, and promptly stop and correct the illegal acts of hepatitis B project detection; In violation of the provisions of this notice, educational institutions require students to carry out hepatitis B project testing, which shall be stopped and corrected in time, given to informed criticism, and the directly responsible person in charge and other directly responsible personnel shall be punished.

The administrative departments of human resources and social security of the local people's governments at or above the county level shall strengthen the supervision and inspection of employers' recruitment, recruitment physical examination and technical colleges' enrollment physical examination, and urge employers and technical colleges to strictly implement the provisions of this notice; In violation of the provisions of this notice, the employer requires the subjects to carry out hepatitis B project testing, which shall be stopped and corrected in time, and shall be fined in accordance with the Provisions on Employment Service and Employment Management; In violation of the provisions of this notice, technical colleges and universities require students to carry out hepatitis B project testing, which shall be stopped and corrected in time, given to informed criticism, and the directly responsible person in charge and other directly responsible personnel shall be punished.

The local health administrative departments at or above the county level shall strengthen the supervision and management of medical and health institutions and their medical staff in their respective administrative areas to carry out physical examination, ensure that medical and health institutions and their medical staff stop detecting hepatitis B items in the physical examination for admission and employment in accordance with the provisions of this notice, and protect the privacy of the subjects. In violation of the provisions of this notice to carry out hepatitis B project testing, or disclose the personal privacy of hepatitis B surface antigen carriers, the health administrative department should promptly correct and give informed criticism; If the violation is serious and the consequences are serious, it is forbidden to carry out medical examination services. The health administrative department at or above the county level shall, according to the provisions of Article 37 of the Law on Medical Practitioners and Article 31 of the Regulations on Nurses, give a warning, order to suspend the practice or revoke the practice certificate.

The human resources and social security, education, health and other departments of the local people's governments at or above the county level shall set up and publish complaint hotlines and seriously accept complaints and reports; It is necessary to urge the party and government organs to take the lead in implementing the provisions that the physical examination of employed personnel does not detect hepatitis B projects.

The administrative departments of human resources, social security, education, health and other departments should make special arrangements for the implementation of this notice, clarify the objects of supervision and inspection according to the division of responsibilities, implement the responsible persons, and strengthen supervision over the performance of the duties stipulated in this notice by their own staff and subordinate departments. If the higher-level human resources and social security, education and health departments find that the lower-level departments and the human resources and social security, education and health departments find that the staff of their administrative organs fail to perform their duties in accordance with the requirements of this notice and have dereliction of duty, they shall promptly correct them within the scope of their functions and powers, and give them demerits, gross demerits, demotion, dismissal or dismissal in accordance with the provisions of Article 20 of the Regulations on Disciplinary Actions against Civil Servants of Administrative Organs. The departments of human resources, social security, education and health at all levels should consciously accept the inspection of the administrative organs' performance of the duties stipulated in this notice by the supervisory organs, and cooperate with the supervisory organs to investigate and deal with dereliction of duty according to law.

Four, strengthen the publicity and education of laws, regulations and rules on hepatitis B prevention and control knowledge, and safeguard the legitimate rights and interests of hepatitis B surface antigen carriers.

The human resources, social security, education and health departments of local people's governments at or above the county level should attach great importance to the publicity and education of hepatitis B prevention knowledge and relevant laws, regulations and rules, formulate publicity programs, and make good work arrangements. Human resources and social security departments should actively help employers understand relevant regulations and guide workers to safeguard their rights and interests according to law. The education department should carry out a series of publicity and education for educational institutions, and incorporate the basic knowledge of hepatitis B virus transmission and prevention into relevant courses in primary and secondary schools. The health department should incorporate the publicity and education of hepatitis B prevention into the local health education plan, and widely publicize the scientific knowledge of hepatitis B and the laws, regulations and rules that safeguard the rights and interests of hepatitis B surface antigen carriers. The departments of human resources and social security, education and health of local people's governments at or above the county level should closely cooperate with radio and television, press and publication departments at the same level, give full play to the role of radio, television, newspapers, internet and other media, and adopt various forms to publicize the scientific knowledge of hepatitis B prevention and treatment, so that ordinary people can understand, accept and be impressed. The health departments of local people's governments at or above the county level should cooperate closely with the administrative departments for industry and commerce, strengthen the investigation and crackdown on hepatitis B treatment and false advertisements of drugs, and prevent misleading the public. Relevant publicity activities should give full play to the role of experts. Through publicity and guidance, we should help the public fully and correctly understand the knowledge of hepatitis B prevention and treatment, eliminate the public's doubts about the work and study of HBsAg carriers, and form a good social atmosphere conducive to the enrollment and employment of HBsAg carriers.

Legal basis:

Notice of the Ministry of Education and the Ministry of Health of Ministry of Human Resources and Social Security on Further Standardizing the Physical Examination Items for Admission and Employment to Protect the Employment Rights and Interests of HBsAg Carriers.

Further safeguard the rights of HBsAg carriers in schools and employment, and protect the privacy of HBsAg carriers.

All localities should conscientiously implement the employment promotion law, education law, infectious disease prevention law and other laws and regulations, and earnestly safeguard the rights of hepatitis B surface antigen carriers to fair admission and employment. Educational institutions at all levels shall not refuse to enroll students or ask to drop out of school on the grounds that students carry hepatitis B surface antigen. Except for special occupations approved by the Ministry of Health, the employing unit shall not refuse to recruit (employ) workers on the grounds that they carry hepatitis B surface antigen. The employing unit shall not dismiss or dismiss the workers on the grounds of carrying hepatitis B surface antigen. For the "five hepatitis B tests" carried out for medical purposes, the inspection institutions should strictly protect the privacy of the subjects; For the "five items of hepatitis B" examination for the purpose of health check-up, the inspection institution shall fully respect the examinee's right to choose and protect his privacy, and the physical examination organizer shall not force the examinee to accept the "five items of hepatitis B" examination.