Chapter III  Supervision and Management

Article 14 The competent TCM departments at the county level or above shall enhance the supervision and administration of TCM clinics’ legal operation, medical quality and medical safety, and management.

Article 15 The competent TCM department at the county level shall carry out on-site verification, verify relevant materials, and supervise and inspect regularly, within thirty days from the date of filing of the TCM clinic.

Article 16 In any of the following circumstances, a TCM clinic shall report to the competent TCM department at the county level of the place where the clinic is located. And the department shall cancel the record-filing and issue an announcement in a timely manner:

1. TCM clinics have stopped practicing activities for more than one year;

2. The practicing certificate of the chief person in charge of the clinic is revoked, or the chief person is investigated for criminal responsibility;

3. Legal persons or other organizations that set up the TCM clinic are terminated in accordance with the law;

4. The TCM clinic is terminated by choice.

Article 17 The competent TCM departmentat the county level shall regularly organize the chief person of TCM clinics to learn about relevant laws and regulations on sanitary, knowledge on the prevention and control of nosocomial infections, and prevention and treatment of infectious diseases, with the purpose of promoting the legal operation of TCM clinics; The department shall also regularly train and educate practitioners to increase professional and technical competence.

Article 18 The competent TCM department at the county level should establish a record system of undesirable conduct of TCM clinics, for recording illegal operation, unreasonable charges and false advertising. The records shall be taken as an important basis for the supervision and administration of TCM clinics.

Chapter IV   Legal Liability

Article 19 Where the competent TCM departments at the county level or above fails to perform its duties as prescribed in the Measures, including not granting the Record-filing Certificate of the TCM Clinic to clinics that satisfy the record-filing requirements, not informing the applicant within the time limit, not publishing the information of the TCM clinics in their area of jurisdiction within the time limit, and not supervising and managing legally, it shall be handled in accordance with Article 53 in Law of the People's Republic of China on Traditional Chinese Medicine .

Article 20 Should an operator violateany of the Measures to set up TCM clinics without the permission of the competent TCM departments at the county level, the delegated department shall order the chief person to make corrections for such improprieties, confiscate the illegal gains, may impose a fine of not more than 30,000 yuan, and publish relevant information on public; if the chief person refuse to correct, he shall be ordered to stop practicing his activities and not to engage in related activities of TCM within five years from the date of the punishment decision.

Article 21 Should an operator submit false record materials to get the Record-filing Certificate of the TCM Clinic, the delegated department shall order the chief person to make corrections for such improprieties, confiscate the illegal gains, may impose a fine of not more than 30,000 yuan, and publish relevant information on public; if the chief person refuse to correct, the department  shall order him to stop practicing his activities, to deregister the certificate and ask him not to engage in related activities of TCM within five years from the date of the punishment decision.

Article 22 If an operator violate Article10 in the Measures, to change medical settings without the record-filing or the reality is inconsistent with the recorded items, it shall not carry out diagnosis and treatment activities. Should an operator carry out diagnosis and treatment activities without authorization, the competent TCM departments at the county level shall order the chief person to make corrections for such improprieties, confiscate the illegal gains, may impose a fine of not less than 10,000 yuan but not more than 30,000 yuan. If the circumstances are serious, the department shall order him to stop practicing his activities, and to deregister the certificate.

Article 23 Should an operator violate Article 11 in the Measures to forge, sale, transfer or lend the Record-filing Certificate of the TCM Clinic, the delegated department shall order the chief person to make corrections for such improprieties, confiscate the illegalgains, may impose a fine of not less than 10,000 yuan but not more than 30,000 yuan; if the circumstances are serious, the department shall order him to stop practicing his activities, and to deregister the certificate.

Article 24 Where a TCM clinic carries out medical activities beyond the scope of record-filing, the competent TCM departments at the county level shall order the chief person to make corrections for such improprieties, confiscate the illegal gains, may impose a fine of not less than 10,000 yuan but not more than 30,000 yuan. If the TCM clinic conduct in any of the following circumstances, the department shall order it to stop practicing activities, to deregister the certificate and ask the chief person not to engage in related activities of TCM within five years from the date of the punishment decision:

1. The TCM clinic has been imposed administrative sanctions for practicing medical activities beyond the scope of record-filing; and

2. The TCM clinic has caused harm to patients for practicing medical activities beyond the scope of record-filing; and

3. The TCM clinic caused other serious consequences since violating the provisions in the Measures.

Chapter V   Supplementary Provisions

Article 25 The management requirements for TCM clinics that are not specified in these Measures shall comply with the relevant provisions of the medical institutions management or other  relevant laws and regulations.

Article 26 The format of The Table of Information on record-filling of TCM Clinics and the Record-filing Certificate of the TCM Clinic shall be unified by the State Administration of Traditional Chinese Medicine of The People’s Republic of China.

Article 27 If TCM clinics that have been set up before the implementation of these Measures meet the requirements of the record-filing, they shall be managed in accordance with these measures or the Administrative Regulations on Medical Institutions before the expiration of the License for Practicing of Medical Institutions. Otherwise, they shall be examined and approved in accordance with the Administrative Regulations on Medical Institutions.

Article 28 The period stipulated in the Measures is calculated as working-day.

Article 29 These measures shall come into force as of December 1, 2017.