Traditional Culture Encyclopedia - Traditional culture - A licensed Chinese medicine practitioner in their own clinic clinic to make rubbing alcohol to sell is still suspected of illegal?

A licensed Chinese medicine practitioner in their own clinic clinic to make rubbing alcohol to sell is still suspected of illegal?

Yes, it is suspected of being illegal.

Homemade medicines must be filed before they can be sold.

If you come to a patient, you give this patient diagnosis after a separate brewing formula. Then at the request of the patient on behalf of the processing, this is not illegal.

Legal basis:

The Chinese People's **** and the State Law on Traditional Chinese Medicine

Article 31? The State encourages medical institutions to formulate and use Chinese medicinal preparations in accordance with the needs of the clinical use of medicines in these medical institutions, supports the application of traditional craftsmanship in the formulation of Chinese medicinal preparations, and supports the development of new Chinese medicines on the basis of Chinese medicinal preparations.

Medical institutions to prepare Chinese medicinal preparations, should be in accordance with the "Chinese People's Republic of China *** and the State Drug Administration Law" of the provisions of the medical institutions to obtain a preparation license, or commissioned to obtain a drug production license of the drug manufacturer, obtaining the preparation license of the medical institutions of other medical institutions to prepare Chinese medicinal preparations. Commissioned to formulate Chinese medicine preparations, should be to the commissioning party's seat of the provincial, autonomous regions, municipalities directly under the Central People's Government drug supervision and management department for the record.

Medical institutions are responsible for the quality of its preparation of Chinese medicinal preparations; commissioned the preparation of Chinese medicinal preparations, the commissioning party and the entrusted party to the preparation of Chinese medicinal preparations for the quality of the corresponding responsibility.

Article 32? Medical institutions dispensing varieties of Chinese medicinal preparations, shall obtain preparation approval number according to law. However, only the application of traditional techniques for the preparation of varieties of Chinese medicinal preparations, to the medical institutions of the provincial, autonomous regions and municipalities directly under the Central People's Government of the drug supervision and management department for the record can be dispensed, do not need to obtain the preparation of the approval number.

Medical institutions should strengthen the filing of Chinese medicine preparation varieties of adverse reaction monitoring, and report in accordance with the relevant provisions of the state. Drug supervision and management department shall strengthen the record of Chinese medicine preparation varieties of preparation, use of supervision and inspection.

Article 56? Violation of the provisions of this Law, the organization of Chinese medicine clinics, concocting Chinese medicine tablets, commissioned the preparation of Chinese medicinal preparations should be filed but not filed, or filed to provide false materials, by the competent department of traditional Chinese medicine and the drug supervision and management department in accordance with their respective division of responsibilities and ordered to make corrections, confiscate the illegal income and impose a fine of less than 30,000 yuan, and to the community to publicize the relevant information; refusal to make corrections, ordered to stop practicing or ordered to stop concocting Chinese medicine tablets, commissioned the preparation of Chinese medicine preparation activities, and its directly responsible personnel shall not engage in Chinese medicine-related activities within five years.

Medical institutions applying traditional techniques to prepare Chinese medicinal preparations without filing in accordance with the provisions of this Law, or failing to prepare Chinese medicinal preparations in accordance with the requirements set out in the filing materials, shall be punished as producing counterfeit medicines.

Article 73 of the Law of the People's Republic of China on the Administration of Medicines: "If a person produces or sells counterfeit medicines, he shall confiscate the medicines illegally produced or sold and the illegal income, and shall be fined at not less than two times and not more than five times the amount of the value of the illegally produced or sold medicines; if there is a document certifying the approval of the medicines, the document shall be revoked, and the person shall be ordered to stop production or business for rectification; in case of seriousness of the circumstances, the Drug Production License, Drug Operation License or Medical Institution Preparation License; if a crime is constituted, criminal responsibility shall be investigated according to law."

Article 141 of the Criminal Law of the People's Republic of China*** and the People's Republic of China stipulates that the crime of producing or selling counterfeit medicines refers to the act of producing or selling counterfeit medicines in violation of the state regulations on the administration of medicines, which is sufficient to jeopardize human health.

According to the provisions of Amendment (VIII) to the Criminal Law, as long as there is a subjective intent to produce or sell counterfeit medicines, it constitutes this crime. with other particularly serious circumstances, shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or the death penalty, and shall be fined or have property confiscated."

According to Article 150 of the Criminal Law, if a unit commits the crime of producing or selling counterfeit drugs, the unit shall be sentenced to a fine and its directly responsible supervisors and other directly responsible persons shall be punished in accordance with the statutory penalties for an individual who commits the crime of producing or selling counterfeit drugs.