Law of the People's Republic of China on Traditional Chinese Medicine[Not Yet Effective](article46-63)

Publish Date:2017-03-07 23:54:39Visit:339

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.


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