Law of the People's Republic of China on Traditional Chinese Medicine[Not Yet Effective](article46-63)
Article 46 TCM cultural publicity and knowledge publicity activities shall be conducted in accordance with the relevant provisions of the state. No organization or individual may make fraudulent or exaggerated publicity of TCM or seek illicit benefits in the name of TCM. |
Radio, television, newspapers and journals, Internet and other media shall retain professional TCM technicians to publicize TCM knowledge. |
Chapter VII Guarantee Measures |
Article 47 The people's government at or above the county level shall provide policy support and guarantee conditions for the development of the TCM undertaking, and include the funds for the development of the TCM undertaking in the fiscal budget at the same level. |
Where the people's government at or above the county level and its relevant departments develop basic medical insurance payment policies, drug policies and other medicine and health policies, the competent TCM department shall participate, pay attention to maximizing the advantages of TCM, and support the provision and utilization of TCM services. |
Article 48 The people's government at or above the county level and its relevant departments shall, according to the statutory price management authority, rationally determine the charging items and standards of TCM medical services, reflecting the cost of TCM medical services and value of professional technologies. |
Article 49 Relevant departments of the local people's government at or above the county level shall, according to the provisions of the state, include qualified TCM medical institutions in the scope of designated medical institutions covered by basic medical insurance, and include qualified TCM treatment items, small pieces of ready-for-use TCM, Chinese patent drugs and TCM preparations of medical institutions in the scope of payment of basic medical insurance funds. |
Article 50 The state shall strengthen the construction of the TCM standard system, and formulate standards and revise in a timely manner the technical requirements that shall be unified according to TCM features. |
TCM national standards and industry standards shall be developed or revised by the relevant departments of the State Council according their functions, and be released on their websites for the free reference of the public. |
The state shall promote the establishment of an international TCM standard system. |
Article 51 To conduct review, appraisal or identification activities relating to TCM as prescribed by laws and administrative regulations, a special organization for TCM review, appraisal and identification shall be formed, or TCM experts shall participate in it. |
Article 52 The state shall take measures to provide more support to the medicine inheritance and innovation, application and development and talent cultivation of minority ethnic groups, strengthen the building of medical institutions and physicians of minority ethnic groups, and promote and regulate the development of the medicine undertaking of minority ethnic groups. |
Chapter VIII Legal Liability |
Article 53 Where the competent TCM department of the people's government at or above the county level or any other relevant department fails to perform the functions prescribed in this Law, the people's government at the same level or the relevant department of the people's government at a higher level shall order the violator to take corrective action; and if the circumstances are serious, shall take disciplinary actions against the directly responsible person in charge and other directly liable persons in accordance with the law. |
Article 54 Where a TCM clinic conducts medical activities beyond the scope granted recordation in violation of the provisions of this Law, the competent TCM department of the local county people's government shall order the clinic to take corrective action, confiscate its illegal income, and impose a fine of not less than 10,000 yuan but not more than 30,000 yuan on it; and if the circumstances are serious, shall order it to cease practice activities. |
Where the TCM clinic is ordered to cease practice activities, its directly responsible person in charge shall not conduct administration within a medical institution within five years as of the date when the penalty decision is made. If a medical institution retains any of the aforesaid persons, who is prohibited from administration, to conduct administration, the original license issuer shall revoke the practice license or the original department granting its recordation shall order it to cease practice activities. |
Article 55 Where a TCM physician who is qualified as a physician upon examination conducts medical activities beyond the registered scope of practice in violation of the provisions of this Law, the competent TCM department of the people's government at or above the county level shall order him or her to suspend practice activities for not less than six months but not more than one year, and impose a fine of not less than 10,000 yuan but not more than 30,000 yuan on him or her, and if the circumstances are serious, shall revoke his or her practice license. |
Article 56 In the case of failing to undergo recordation formalities in launching a TCM clinic, making small pieces of ready-for-use TCM, or entrusting the making of TCM preparations, or in the case of providing any false materials at the time of recordation, the competent TCM department and the drug administrative department shall order the violator to take corrective action according to their respective functions, confiscate the illegal income, impose a fine of not more than 30,000 yuan, and announce the relevant information to the public; and if the violator refuses to take corrective action, shall order the violator to cease practice activities or order the violator to cease the making of small pieces of ready-for-use TCM or entrusted making of TCM preparations, and its directly responsible persons shall not conduct TCM-related activities within five years. |
A medical institution that fails to conduct recordation in accordance with the provisions of this Law in making TCM preparations by applying traditional techniques, or fails to make TCM preparations according to the requirements indicated in recordation materials shall be punished as producing fake drugs. |
Article 57 Where the content of an issued TCM medical advertisement is inconsistent with the content approved upon examination in violation of the provisions of this Law, the original examination department shall revoke the examination approval document of the advertisement, and shall not accept the application for examining the advertisement of the medical institution within one year. |
A violator that commits any violation of law in the release of TCM medical advertisements other than those prescribed in the preceding paragraph in violation of the provisions of this Law shall be punished in accordance with the provisions of the Advertising Law of the People's Republic of China. |
Article 58 Where anyone uses any highly toxic or toxic pesticide in TCM planting in violation of the provisions of this Law, the violator shall be punished in accordance with the provisions of relevant laws and regulations; and if the circumstances are serious, the public security authority may detain its directly responsible person in charge and other directly liable persons for not less than five days but not more than 15 days. |
Article 59 Anyone that causes any personal or property damage in violation of the provisions of this Law shall assume civil liability in accordance with the law; and shall be subject to criminal liability in accordance with the law if any crime is constituted. |
Chapter IX Supplementary Provisions |
Article 60 The provisions of the Law of the People's Republic of China on Practicing Physicians, the Drug Administration Law of the People's Republic of China and other relevant laws and administrative regulations shall apply to TCM administration in the absence of provisions in this Law. |
Competent health departments of armies shall organize TCM administration of armies in accordance with this Law and relevant provisions of armies. |
Article 61 Autonomous regions may, in accordance with the relevant provisions of the Law of the People's Republic of China on Regional National Autonomy and this Law, and in light of actual circumstances, develop measures for promoting and regulating the development of medical and drug undertaking of minority ethnic groups of their areas. |
Article 62 Blind personnel who are qualified as blind medical massage personnel in accordance with the relevant provisions of the state may provide medical massage services in the form of individual business operation or working in medical institutions. |
Article 63 This Law shall come into force on July 1, 2017. |