Interim Administrative Measures for the Record-Filing of Clinics of Traditional Chinese Medicine(1)

Publish Date:2017-12-05 21:47:56Visit:314

ChapterI   General Provisions

 

Article 1 In order to improve the record-filing of the establishment of traditional chinese medicine clinics, Interim Administrative Measures for the Record-Filing of Clinics of Traditional Chinese Medicine (these “Measures”) are formulated in accordance with the Law of the People's Republic of China on Chinese Medicine and Administrative Regulations on Medical Institutions and the relevant laws and administrative regulations.

 

Article 2 The traditional Chinese medicine clinic referred to in the Measures is a clinic that uses traditional Chinese medicine and acupuncture, cupping and Tuina and other non-drug therapies to provide diagnosis and treatment services, as well as traditional Chinese medicine dispensing and decocting services under the guidance of traditional Chinese medicine theory. If the clinic does not meet the requirements about specified service scope or exist uncontrollable problems and risks, these measures shall not apply.

 

Article 3 State Administration of Traditional Chinese Medicine is responsible for the management of clinics of traditional Chinese medicine.

The competent TCM departments at the county level or above shall take charge of TCM supervision and administration within their respective administrative regions.

The competent TCM departments at the county level shall be specifically responsible for managing the record-filing of clinics of TCM within the local administrative region.

 

ChapterII   Record-filing

 

Article 4 For the establishment of a TCM clinic, the clinic may carry out practicing activities after reporting to the competent TCM department under the people's government at the county level of the place where the clinic is located for filing.

 

Article 5 TCM clinics shall meet simultaneously the following requirements:

1. Individuals setting up a TCM clinic shall be granted a TCM Doctor's Qualification Certificate and has served at least three years in an institution of medical treatment, prevention or health care after registration, or shall be granted a Doctor's Qualification Certificate for Doctor Of Traditional Chinese Medicine (Expertise); Legal persons or other organizations setting up a TCM clinic, the chief person in charge of the clinics shall meet the above requirements;

2. The TCM clinics shall conform the "Basic Standards of TCM Clinics";

3. The names of TCM clinics shall conform the relevant provisions of the Implementing Rules for the Administrative Regulations on Medical Institutions;

4. Complying with relevant provisions of the environmental protection and fire prevention;

5. Being able to bear civil liability independently.

Unitsor individuals banned by the Implementing Rules for the Administrative Regulations on Medical Institutions, shall not set up TCM clinics.

 

Article 6 To apply for the record-filling of a TCM clinic, the applicant shall submit the following materials:

1. The Table of Information on record-filling of TCM Clinics;

2.The valid identity certificate, the Doctor's Qualification Certificate and the License to Practice as a Doctor of the chief person in charge of the TCM clinic;

3. The list of other health technical personnel, as well as their valid identity certificates and  qualification certificates;

4. The management rules and regulations on TCM clinics;

5. The disposition plans of medical wastes, and the statement of the clinic’s surrounding environment;

6. The emergency plan of fire prevention.

Legal persons or any other organizations setting up TCM clinics, they shall provide the documents certifying their qualifications, and the identity certificate of the legal representative or the representative of organizations.

 

Article 7 The applicant for filing shall submit relevant materials and reflect the realities, and shall be responsible for the authenticity of their application materials.

 

Article 8 After receiving the record-filing materials, if the application materials are incomplete and in full compliance with the requirements, the competent TCM departments at the county level shall record the materials and grant the Record-filing Certificate of the TCM Clinic on the spot; if the application materials are incomplete or do not meet the requirements, the organ liable for compensation shall notify the applicant of all materials that shall be supplemented on the spot or within five days in one time.

The government is gradually advancing the informatization of TCM clinics management. Regions with the necessary conditions may apply online record-filing.

 

Article 9 The TCM clinic shall publicize its Record-filing Certificate of the TCM Clinic and the information of other health technical personnel at an eye-catching position.

 

Article 10 The name, address, staff and other information of the TCM clinic shall be consistent with the items listed in the Record-filing Certificate of the TCM Clinic.

Where a TCM clinic changes its name, address, main person in charge, medical subjects or therapy, it shall handle the change record-filing with the original record-filing authority.

 

Article 11 It is forbidden to forge, sale, transferor lend the Record-filing Certificate of the TCM Clinic .

 

Article 12 TCM clinics shall carry out diagnosis and treatment activities according to the record-filing on diagnosis and treatment subjects and technologies, strengthen the management of diagnosis and treatment activities, medical quality and medical safety, and comply with the relevant provisions of TCM medical technology related infection prevention and control.

If TCM clinics publish advertisements of medical treatments, they shall observe provisions of laws and regulations, without overstating or false advertising.

 

Article 13 The competent TCM departments at the county level shall publish the information of the TCM clinics filed in their area of jurisdiction on the government website, within 20 days from the issuance of the Record-filing Certificate of the TCM Clinic, and shall be proper and convenient for public inquiry and supervision. The organs shall promptly submit the information of record-filing of TCM clinics in their area of jurisdiction to the competent TCM department of the next higher level. The competent TCM department of the next higher level shall verify the filing matters. If the filing matters do not conform to the provisions of the Measures, it shall makea correction within 30 days.

 


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