How much do you know about nucleic acid testing?

This is the 3826th article of Da Yi Xiao Hu

Recently, the media have successively exposed the falsification of nucleic acid test reports in medical laboratories, involving multiple provinces and cities. The "New Coronavirus Pneumonia Diagnosis and Treatment Plan (Trial Ninth Edition)" clearly states that the principle of diagnosis of new coronavirus pneumonia is to make a diagnosis based on a comprehensive analysis of epidemiological history, clinical manifestations, laboratory tests, etc. A positive nucleic acid test for the new coronavirus is the primary criterion for diagnosis. Therefore, conducting nucleic acid testing is an important means to detect cases as early as possible, especially asymptomatic infections, to take targeted control measures in a timely manner, and to block the spread of the epidemic as soon as possible. It is also an important epidemic prevention and control measure taken in accordance with the law.

Regarding the falsification of nucleic acid reports, there are mainly two types of entities involved. One type is individuals who, for various reasons, alter or forge nucleic acid reports in order to evade testing. The other type is third-party medical laboratories that undertake nucleic acid testing tasks for the government and forge or fabricate nucleic acid test reports in order to pursue profits.

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First, let’s take a look at what legal responsibilities individuals will bear if they refuse to cooperate with nucleic acid testing?

Article 12 of the "Law on the Prevention and Control of Infectious Diseases" stipulates that all units and individuals within the territory of the People's Republic of China must accept the prevention and control measures such as investigation, inspection, sample collection, isolation treatment and other prevention and control measures related to infectious diseases by disease prevention and control institutions and medical institutions, and provide relevant information truthfully.

Article 7 of the Shanghai Public Health Emergency Management Regulations stipulates that any unit or individual shall abide by relevant laws and regulations, obey the decisions, orders, and notices issued by the people's governments at all levels and their relevant departments, and cooperate with the various public health incident prevention and disposal measures taken by the people's governments at all levels and their relevant departments in accordance with the law. Article 83 stipulates that if a unit or individual violates the provisions of these regulations, disobeys the decisions, orders, and notices issued by the people's governments at all levels and their relevant departments, or fails to cooperate with the various measures taken in accordance with the law, the relevant competent department shall order them to correct their behavior. If it constitutes an act of violation of public security management, the public security organs shall impose penalties in accordance with the law; if it causes a public health incident or the harm to expand, causing damage to the person or property of others, they shall bear civil liability in accordance with the law; if it constitutes a crime, they shall be held criminally liable in accordance with the law.

Article 84 stipulates that in addition to pursuing legal liability in accordance with the law, relevant departments shall also collect information on the dishonesty of relevant units and individuals who conceal their medical history, travel history or residence history in high-risk areas, evade isolation treatment, medical observation, and health observation on the city's public credit information platform in accordance with the regulations, and take disciplinary measures in accordance with the law. Therefore, those who refuse to cooperate with nucleic acid testing and other epidemic prevention and control measures need to bear corresponding legal responsibilities in accordance with the law, and may be included in the dishonesty information and take disciplinary measures in accordance with the law.

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Next, let’s take a look at what legal consequences will be borne if an individual or a third-party organization deliberately commits fraud?

According to the "Public Security Administration Punishment Law", those who forge, alter or buy and sell official documents, certificates, certification documents or seals of state organs, people's groups, enterprises, institutions or other organizations shall be detained for not less than 10 days but not more than 15 days, and may be fined not more than 1,000 yuan; if the circumstances are minor, they shall be detained for not less than 5 days but not more than 10 days, and may be fined not more than 500 yuan. Those who forge or fabricate nucleic acid test reports will be subject to corresponding public security administration punishments.

In addition, if the act of forging or fabricating nucleic acid test reports causes the spread of the epidemic or there is a serious risk of transmission, it may constitute the crime of obstructing the prevention and control of infectious diseases; if a confirmed new coronavirus pneumonia patient or pathogen carrier forges or fabricates a nucleic acid test report and enters a public place or public transportation, it may also constitute the crime of endangering public safety by dangerous means.

The current epidemic prevention and control is at the most critical stage. It is recommended that all individuals and units strictly abide by laws and regulations, actively cooperate with the epidemic prevention and control measures taken by the government and its relevant departments, unite as one, and overcome the difficulties together.

Author: Zheng Jun, a lawyer at Shanghai Boss & Yang Zhongjian Zhonghui Law Firm