Catalogue of Regulations on Traditional Chinese Medicine in People's Republic of China (PRC)

first

In order to inherit and develop the cause of Chinese medicine, safeguard and promote the development of Chinese medicine, and protect human health, these regulations are formulated.

second

Units or individuals engaged in TCM medical treatment, prevention, health care and rehabilitation services, TCM education, scientific research, foreign exchange and TCM management activities within the territory of People's Republic of China (PRC) shall abide by these regulations.

The development, production, management, use, supervision and management of traditional Chinese medicine shall be implemented in accordance with the Drug Administration Law of People's Republic of China (PRC).

essay

The state protects, supports and develops the cause of Chinese medicine, implements the principle of paying equal attention to both Chinese and western medicine, encourages Chinese and western medicine to learn from each other, complement each other and improve together, promotes the organic combination of Chinese and western medicine, and comprehensively develops the cause of Chinese medicine in China.

Article 4

The development of Chinese medicine should follow the principle of combining inheritance with innovation, maintain and carry forward the characteristics and advantages of Chinese medicine, actively use modern science and technology, promote the development of Chinese medicine theory and practice, and promote the modernization of Chinese medicine.

Article 5

The people's governments at or above the county level shall incorporate the cause of traditional Chinese medicine into the national economic and social development plan, so that the cause of traditional Chinese medicine and economic and social development can be coordinated.

Local people's governments at or above the county level shall, when formulating regional health planning, make overall arrangements for the establishment and layout of Chinese medicine medical institutions according to the social and economic development of the region and the medical needs of residents, and improve the urban and rural Chinese medicine service network.

Article 6

The administrative department of traditional Chinese medicine in the State Council is responsible for the management of traditional Chinese medicine throughout the country. The relevant departments of the State Council are responsible for the work related to traditional Chinese medicine within their respective functions and duties.

The departments of local people's governments at or above the county level responsible for the administration of traditional Chinese medicine are responsible for the administration of traditional Chinese medicine within their respective administrative areas. The relevant departments of the local people's governments at or above the county level shall be responsible for the work related to traditional Chinese medicine within the scope of their respective duties.

Article 7

The people's governments at or above the county level shall reward the units and individuals that have made outstanding contributions to the inheritance and development of traditional Chinese medicine and made remarkable achievements in the work of traditional Chinese medicine in remote areas.

Chapter II Medical Institutions and Practitioners of Traditional Chinese Medicine

Article 8

The establishment of medical institutions of traditional Chinese medicine shall conform to the standards for the establishment of medical institutions of traditional Chinese medicine formulated by the administrative department of health of the State Council and the local regional health planning, and go through the examination and approval procedures in accordance with the Regulations on the Administration of Medical Institutions, and only after obtaining the Practice License of Medical Institutions can they engage in medical activities of traditional Chinese medicine.

Article 9

Chinese medical institutions engaged in medical service activities should give full play to the characteristics and advantages of Chinese medicine, follow the law of their own development, use traditional theories and methods, and combine modern scientific and technological means to give full play to the role of Chinese medicine in disease prevention, health care and rehabilitation, and provide the masses with Chinese medicine services with reasonable prices and excellent quality.

Article 10

Community health service centers (stations), township hospitals and other urban and rural primary health service institutions established according to law should be able to provide Chinese medical services.

Article 11

Practitioners of traditional Chinese medicine shall, in accordance with the provisions of laws, administrative regulations and departmental rules on health management, pass the qualification examination and obtain the practice certificate after registration, before engaging in the service activities of traditional Chinese medicine.

Personnel who study Chinese medicine as apprentices and those who really have expertise shall, in accordance with the provisions of the administrative department of health of the State Council, pass the qualification examination for practicing doctors or practicing assistant doctors, and be registered to obtain the practicing certificate of doctors before engaging in medical activities of Chinese medicine.

Article 12

Practitioners of traditional Chinese medicine should abide by the corresponding principles of diagnosis and treatment of traditional Chinese medicine, medical technical standards and technical operation norms.

General practitioners and rural doctors should have the basic knowledge of Chinese medicine, and have the basic skills to deal with common diseases and frequently-occurring diseases by using the knowledge and technology of Chinese medicine diagnosis and treatment.

Article 13

Medical institutions shall apply to the administrative department of traditional Chinese medicine of the local people's government of the province, autonomous region or municipality directly under the Central Government in accordance with the provisions when publishing medical advertisements of traditional Chinese medicine, and submit relevant materials. The departments in charge of the administration of Chinese medicine under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall conduct a review within 10 working days from the date of receiving the relevant materials, and make a decision on whether to issue the approval number of Chinese medicine medical advertisements. Meet the prescribed conditions, issued a "China medical advertisement approval number". Without obtaining the approval number of TCM medical advertisements, TCM medical advertisements shall not be published.

The contents of TCM medical advertisements released shall be consistent with those approved for release.

Chapter III Chinese Medicine Education and Scientific Research

Article 14

The state takes measures to develop Chinese medicine education.

All kinds of Chinese medicine education institutions should strengthen the teaching of basic theories of Chinese medicine, attach importance to the combination of basic theories of Chinese medicine and clinical practice of Chinese medicine, and promote quality education.

Article 15

The establishment of various Chinese medicine education institutions shall conform to the standards prescribed by the state, and establish clinical teaching bases that conform to the standards prescribed by the state.

The standards for the establishment of Chinese medicine education institutions shall be formulated by the health administrative department of the State Council in conjunction with the education administrative department of the State Council; The standards for clinical teaching bases of TCM educational institutions shall be formulated by the health administrative department of the State Council.

Article 16

The state encourages the inheritance of academic experience and technical expertise of TCM experts, and cultivates high-level TCM clinical talents and TCM technical talents.

Article 17

A tutor who undertakes the inheritance of academic experience and technical expertise of Chinese medicine experts shall meet the following conditions:

(a) has a high academic level and rich practical experience, technical expertise and good professional ethics;

(two) engaged in the professional work of traditional Chinese medicine for more than 30 years and served as a senior professional and technical post 10 years.

Article 18 The inheritors of academic experience and technical expertise of TCM experts shall meet the following conditions:

(a) with a bachelor's degree or above and good professional ethics;

(two) employed by medical and health institutions or medical education and scientific research institutions to engage in the work of traditional Chinese medicine, and hold professional and technical positions at or above the intermediate level.

Article 19

Measures for the administration of instructors and successors who inherit the academic experience and technical expertise of experts in traditional Chinese medicine shall be formulated by the administrative department of traditional Chinese medicine of the State Council in conjunction with relevant departments.

Article 20

The departments responsible for the administration of traditional Chinese medicine under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the relevant provisions of the state, improve the continuing education system for traditional Chinese medicine personnel in the region and formulate training plans for traditional Chinese medicine personnel.

The local people's governments at or above the county level shall, in accordance with the requirements of the training plan for Chinese medicine personnel, train the basic knowledge and skills of Chinese medicine for urban and rural primary health service personnel.

Medical institutions should create conditions for Chinese medicine technicians to receive continuing education.

Article 21

The state develops science and technology of traditional Chinese medicine, brings it into the development plan of science and technology, and strengthens the construction of key research institutions of traditional Chinese medicine.

The local people's governments at or above the county level shall make full use of the resources of traditional Chinese medicine, attach importance to the scientific research and technological development of traditional Chinese medicine, take measures to develop, popularize and apply the technological achievements of traditional Chinese medicine, and promote the scientific and technological development of traditional Chinese medicine.

Article 22

Scientific research of traditional Chinese medicine should focus on using traditional methods and modern methods to carry out basic theoretical research and clinical research of traditional Chinese medicine, and use traditional Chinese medicine theory and modern science and technology to carry out prevention and treatment research of common diseases, frequently-occurring diseases and difficult diseases.

Chinese medicine scientific research institutions, institutions of higher learning and medical institutions should strengthen the collaborative research of Chinese medicine and the popularization and application of scientific and technological achievements of Chinese medicine, and cultivate academic leaders of Chinese medicine and young and middle-aged technical backbones.

Article 23

Donation of TCM diagnosis and treatment methods and TCM literature, secret recipes and prescriptions that are of great significance to the development of TCM science and technology will be rewarded with reference to the provisions of the Regulations on National Science and Technology Awards.

Article 24

The state supports the foreign exchange and cooperation of traditional Chinese medicine and promotes the international spread of traditional Chinese medicine.

The promotion, transfer and foreign exchange of major scientific research achievements of traditional Chinese medicine, and the Sino-foreign cooperative research of traditional Chinese medicine technology shall be approved by the department in charge of traditional Chinese medicine management of the people's government at or above the provincial level to prevent the loss of major traditional Chinese medicine resources.

If it is really necessary to transfer and exchange the scientific research achievements of traditional Chinese medicine that belong to the state scientific and technological secrets, it shall comply with the provisions of laws, administrative regulations and departmental rules on keeping state secrets.

Chapter IV Safeguard Measures

Article 25

The local people's governments at or above the county level shall, according to the needs of the development of traditional Chinese medicine and the national economic and social development in the region, gradually increase investment in and support the development of traditional Chinese medicine.

No unit or individual may divert funds for traditional Chinese medicine for other purposes.

The state encourages domestic and foreign organizations and individuals to support the development of Chinese medicine through donations and investments.

Article 26

Non-profit medical institutions of traditional Chinese medicine enjoy preferential policies such as financial subsidies and tax relief in accordance with relevant state regulations.

Article 27

The designated medical institutions of basic medical insurance for urban workers determined by the administrative department of labor security of the local people's government at or above the county level shall include qualified medical institutions of traditional Chinese medicine.

Chinese medical institutions with designated qualifications shall provide basic medical services for the insured in accordance with the regulations.

Article 28

People's governments at or above the county level shall take measures to strengthen the collection, collation, research and protection of traditional Chinese medicine literature.

Relevant units and medical institutions of traditional Chinese medicine should strengthen the management, protection and utilization of important Chinese medicine literature.

Article 29

The state protects the resources of wild Chinese herbal medicines and supports the research, development and utilization of artificial substitutes for endangered animals and plants.

The local people's governments at or above the county level shall strengthen the rational development and utilization of Chinese herbal medicines, encourage the establishment of planting and cultivating bases for Chinese herbal medicines, and promote the development and production of Chinese herbal medicines in short supply.

Article 30

The evaluation or appraisal activities related to traditional Chinese medicine should reflect the characteristics of traditional Chinese medicine and follow the law of its own development.

The evaluation of the qualifications of professional and technical positions in traditional Chinese medicine, the evaluation and evaluation of medical, educational and scientific research institutions in traditional Chinese medicine, the establishment of scientific research projects in traditional Chinese medicine and the identification of achievements shall establish a special evaluation and appraisal organization for traditional Chinese medicine or be attended by experts in traditional Chinese medicine.

Chapter V Legal Liability

Article 31

Staff members of departments responsible for the administration of traditional Chinese medicine who, in violation of the provisions of this Ordinance, take advantage of their positions to accept other people's property or obtain other benefits, abuse their powers, neglect their duties, or find that illegal acts are not investigated and dealt with, causing serious consequences and constituting a crime, shall be investigated for criminal responsibility according to law; Those who are not serious enough for criminal punishment shall be given administrative sanctions of demotion or dismissal according to law.

Article 32

Chinese medical institutions in violation of the provisions of this Ordinance, one of the following circumstances, the local people's governments at or above the county level shall be responsible for the administration of traditional Chinese medicine department shall be ordered to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be ordered to suspend business for rectification until the original examination and approval authority revokes the practice license of its medical institution, cancels its qualification as a designated medical institution for urban workers' basic medical insurance, and gives administrative sanctions to the responsible person in charge and other directly responsible personnel according to law:

(a) does not meet the standards for the establishment of Chinese medical institutions;

(two) to obtain the qualification of designated medical institutions for urban workers' basic medical insurance, and not to provide basic medical services for the insured in accordance with the provisions.

Article 33

Those who set up medical institutions of traditional Chinese medicine without approval or fail to pass the qualification examination of licensed doctors or licensed assistant doctors in accordance with the provisions and engage in medical activities of traditional Chinese medicine shall be punished in accordance with the relevant provisions of the Law of People's Republic of China (PRC) on Licensed Doctors and the Regulations on the Administration of Medical Institutions.

Article 34

Chinese medicine education institutions in violation of the provisions of this Ordinance, one of the following circumstances, the local people's governments at or above the county level shall be responsible for the administration of traditional Chinese medicine department shall be ordered to make corrections within a time limit; If no correction is made within the time limit, it shall be revoked by the original examination and approval authority:

Does not meet the prescribed standards;

(2) failing to establish a clinical teaching base that meets the prescribed standards.

Article 35

In violation of the provisions of this Ordinance, resulting in significant loss of Chinese medicine resources and disclosure of state scientific and technological secrets, if the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law; If it is not serious enough for criminal punishment, the administrative department of traditional Chinese medicine of the local people's government at or above the county level shall order it to make corrections, and the responsible person in charge and other persons directly responsible shall be punished according to law.

Article 36

In violation of the provisions of this Ordinance, damage or destruction of traditional Chinese medicine literature, by the local people's governments at or above the county level shall be responsible for the administration of traditional Chinese medicine department shall be ordered to make corrections, the responsible person in charge and other directly responsible personnel shall be punished according to law; Damage or destruction of traditional Chinese medicine literature belonging to cultural relics under state protection, if the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

Article 37

Tampering with the contents of the approved advertisements of traditional Chinese medicine, the original examination and approval department shall revoke the advertisement approval number, and the application for advertisement approval of the traditional Chinese medicine medical institution will no longer be accepted within 1 year.

The department responsible for the administration of traditional Chinese medicine shall, after revoking the approval number of traditional Chinese medicine medical advertisements, notify the advertising supervision and administration organ within 5 working days from the date of making the administrative decision. The advertising supervision and administration organ shall, within 15 working days from the date of receiving the notice from the department responsible for the administration of traditional Chinese medicine, investigate and deal with it in accordance with the relevant provisions of the Advertising Law of People's Republic of China (PRC).

Chapter VI Supplementary Provisions

Article 38

The term "medical institutions of traditional Chinese medicine" as mentioned in these Regulations refers to hospitals, outpatient departments and clinics of traditional Chinese medicine and integrated traditional Chinese and western medicine that have obtained the practice license of medical institutions according to law.

The management of ethnic medicine shall be implemented with reference to these regulations.

Article 39

These Regulations shall come into force as of June 6, 2003.