Where it is difficult that person who carries virus of hepatitis B apply to get the health card

Where it is difficult that person who carries virus of hepatitis B apply to get the health card
Chen Fei
The persons who carries virus of some hepatitis B of Hangzhou, Hefei, Zhengzhou, Chongqing and other places, apply to handle food trade employee's health card recently. The person who carries virus of hepatitis B of Beijing, Changsha and other places making a quick response, apply but is rejected, disappointed and returning. Where can do? Where can't do? Why? Have become the topic that the society discusses warmly.
Xiao Du of person who carries virus of hepatitis B, apply to local Center for Disease Prevention and Control for food trade employee's health card recently, the reply received is asking to Municipal Health Bureau for instructions, can't handle yet temporarily. The reply of Municipal Health Bureau is that have already submitted to the department of public health of the province, waiting to give a written reply. Department of public health of the province is back to the file that is waiting for Ministry of Public Health.
According to " the the intersection of food and the intersection of safety law and implementing regulations ", B-mode virus hepatitis get rid of in restricted " virus hepatitis ", trade of food, of engaged ining Outside, have not made the corresponding modification on the concrete physical examination project yet by " management of preventative health examination " that but that Ministry of Public Health issued in 1995. The physical examination goes through the situation that the card organization faces facing a difficult choice: Do, mean violation; Do not do, mean illegality.
The physical examinations of some places though has not got the official document of the health authorities of higher level yet while running the card organization, but determine to release food trade employee's health card for some hepatitis B persons who carries virus. A person in charge says: "Because the pressure is very large. If the applicant is sued according to the latest law after being refused, we will be more passive. "
The worry of this person in charge is reasonable. Because of the legal effect of the state law and regulations of the State Council, are higher than the management that the department issues. Say from enforcing the law on the aspect, after " food safety law implementing regulations " are implemented formally, should carry out the department specifically the automatic foundation law revises their behaviors, than will not wait for department's file. Once engage in the lawsuit, the units at various levels carry out the behavior of the department and lack legislative authority.
However, the question is not so simple. At present, no matter issue licence or not issue licence, may face the illegal risk.
First of all, apply, handle health card according to " employee's health check table " and check set menu, charge that make in unison. Since hepatitis B does not influence the physical examination result, will the surface antigen of that hepatitis B be checked? Charge? " management of preventative health examination " stipulates, the health examination unit can not increase and decrease health examination project and frequency at will, can't improve the expenses standard without authorization, forbid arbitrary charge. These operate the method and demand urgently to revise too specifically.
Secondly, according to the understanding of " food hygiene law " of related departments of before, apply for " virus hepatitis " that the health card of food trade needed to check ,Actually virus detection of hepatitis B in execution and testing liver function. And " food safety law implementing regulations " have been defined virus hepatitis is " First type virus hepatitis, fifth type virus hepatitis " . Hepatitis B has not been examined, begin special hepatitis A, fifth liver virus to measure according to the new law? Because liver function is normal can not totally get rid of the possibility that hepatitis A, fifth liver virus infect. It is to issue licence illegally not to check. If check, how to check? How to charge?
Should solve the above-mentioned problem, it is not enough to only have state laws yet, need the administrative service divisions at all levels and handle the organization and improve the system, straighten out relationship.
The society is progressing, it is complete to rule by law, it is the trend of the times that the person who carries virus of hepatitis B obtains the equal employment right. At present, they face some difficulty still in these respects, prove society, government with relevant executive body to laws and regulations and it correlated with fixed implementations to be good enough even. Since the trend of the times, and concern more than 100 million citizens' equal rights, why can't related departments come to face and solve these difficult problems with more positive attitude and action?
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