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Law of the People's Republic of China on Traditional Chinese Medicine

Post Time:2017-02-03 Source:北大法宝 Author: Views:
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Order of the President of the People's Republic of China (No.59) The Law of the People's Republic of China on Traditional Chinese Medicine,as adoptedat the 25th Session of the Standing Committee of the Twelfth National People's Congress of the People's Republic of China on December25,2016,is here by issued and shall come into force on July1,2017. President of the People's Republic of China:XiJinping December25,2016 (Adopted at the 25th Session of the Standing Committee of theTwelfth National People's Congress of the People's Republic of China on December25,2016)   ChapterI General Provisions   ChapterII Traditional Chinese Medicine Services   ChapterIII Traditional Chinese Medicine Protection and Development    ChapterIV Cultivation of Traditional Chinese Medicine Talents      ChapterV Traditional Chinese Medicine Scientific Research    ChapterVI Traditional Chinese Medicine Inheritanceand Cultural Transmission   ChapterVII Guarantee Measures   ChapterVIII Legal Liability    ChapterIX Supplementary Provisions    Article 1 This Law is developed for purposes of inheriting and carrying forward traditional Chinese medicine, guaranteeing and promoting the development of the traditional Chinese medicine undertaking, and protecting the health of the people.  Article 2 For the purpose of this Law, “traditional Chinese medicine” (TCM) is the general term of medicine of all Chinese ethnic groups including the Han ethnic group and minority ethnic groups, reflects the understanding of the Chinese nation on life, health and diseases, and is a medicine and pharmacology system with long historical traditions and unique theories and technical methods.  Article 3 The TCM undertaking is an important part of the medicine and health undertaking of the state. The state shall vigorously develop the TCM undertaking, carry out the principle of giving equal emphasis to TCM and western medicine, establish the management rules in compliance with TCM features, and maximize the role of TCM in the medicine and health undertaking of the state. In the development of the TCM undertaking, the TCM development rule shall be observed, the integration of inheritance and innovation shall be adhered to, TCM features and advantages shall be maintained and maximized, and modern scientific technologies shall be utilized, so as to promote the development of TCM theories and practice.  The state shall encourage the mutual learning from each other between, mutual supplementation, and coordinated development of TCM and western medicine, maximize their advantages, and promote the integration of TCM and western medicine.  Article 4 The people's government at or above the county level shall include TCM undertaking in the national economic and social development plan, establish and improve the TCM management system, and make overall planning on and promote the development of the TCM undertaking.  Article 5 The competent TCM department of the State Council shall take charge of TCM administration nationwide. Other relevant departments of the State Council shall take charge of TCM administration within the scope of their respective functions.  The competent TCM department of the local people's government at or above the county level shall take charge of TCM administration within its administrative region. Other relevant departments of the local people's government at or above the county level shall be responsible for the work relating to TCM administration within the scope of their respective functions. Article 6 The state shall strengthen the building of a TCM service system, make rational planning on and allocate TCM service resources, and provide guarantee for citizens' obtainment of TCM services. The state encourages social forces to invest in the TCM undertaking and gives supports to them, and encourages organizations and individuals to make donation for and support the TCM undertaking and gives supports to them. Article 7 The state shall develop TCM education, establish a TCM education system which satisfies the requirements for the development of the TCM undertaking and has a proper scale, rational structure, and diversified forms to cultivate TCM talents.  Article 8 The state supports TCM scientific research and technical development, encourages innovation in TCM science and technologies, shall popularize and apply TCM scientific and technological achievements, protect TCM intellectual property rights, and enhance TCM scientific and technical level.  Article 9 The state shall support TCM foreign exchange and cooperation, and promote international transmission and application of TCM. Article 10 The organizations and individuals that have made prominent contributions to the TCM undertaking shall be commended and rewarded in accordance with the relevant provisions of the state.  Article 11 The people's government at or above the county level shall include the construction of TCM medical institutions in the plan on the setup of medical institutions, launch TCM medical institutions with proper scale, and support the development of medical institutions with TCM features and advantages. To merge or cancel a TCM medical institution launched by the government or change the nature as a TCM medical institution, the opinion of the competent TCM department of the people's government at the next higher level shall be solicited. Article 12 Comprehensive hospitals and maternity and child care institutions launched by governments as well as qualified specialized hospitals, community health service centers and township health centers shall set TCM departments and clinics. Local people's governments at or above the county level shall take measures to enhance the capability of community health service stations and village clinics in the provision of TCM services. Article 13 The state supports social forces in their launching TCM medical institutions. TCM medical institutions launched by social forces shall enjoy equal rights in such aspects as access, practice, basic medical insurance, scientific research and teaching, and the assessment of title of medical personnel with TCM medical institutions launched by governments. Article 14 To launch a TCM medical institution, approval formalities shall be undergone according to the provisions of the state on the administration of medical institutions, and the provisions on the administration of medical institutions shall be observed. A TCM clinic launched may conduct practice activities after the name, address, treatment scope and staffing of the clinic, and other information are reported to the competent TCM department of the local county people's government for recordation. The TCM clinic shall publicize the clinic's treatment scope, the name and practice scope of the TCM physicians in a conspicuous position of the clinic, and shall not conduct medical activities beyond the scope granted recordation. The specific measures shall be drafted by the competent TCM department of the State Council, and be reported to the health administrative department of the State Council for examination and issuance.  Article 15 A person who conducts TCM medical activities shall, in accordance with the provisions of the Law of the People's Republic of China on Practicing Physicians, obtain the qualification as a TCM physician through the TCM physician qualification test, and conduct practice registration. The content of the TCM physician qualification test shall reflect TCM features. A person who learns TCM through a teacher or indeed has specialty in medical skills through many years of practice shall be recommended by at least two TCM physicians, and may be qualified as a TCM physician after passing the examination of practice skills and effects organized by the competent TCM department of the people's government of the province, autonomous region or municipality directly under the Central Government, and after he or she conducts practice registration according to the examination content, he or she may conduct TCM medical activities in the form of conducting individual business operation or working in medical institutions within the registered scope of practice. The competent TCM department of the State Council shall draft the measures for the categorized examination of personnel prescribed in this paragraph according to the safety risks of TCM technical methods, and report the measures to the health administrative department of the State Council for examination and issuance. Article 16 A TCM medical institution shall mainly assign professional TCM personnel as medical personnel to mainly provide TCM services. TCM physicians who have obtained the physician qualification upon examination may, according to the relevant provisions of the state, adopt modern scientific and technical methods relating to their specialties in practice activities after receiving training and passing the examination. The modern scientific and technical methods adopted in medical activities shall be conductive to maintaining and enhancing TCM features and advantages. Community health service centers, township health centers, community health service stations and qualified village clinics shall rationally assign professional TCM technicians, and utilize and popularize appropriate TCM technical methods.  Article 17 TCM services shall be provided by taking TCM theories as the guidance, apply TCM technical methods, and comply with the basic requirements for TCM services determined by the competent TCM department of the State Council. Article 18 The people's government at or above the county level shall develop TCM prevention and health care services, and include them in basic public health service items for overall planning and implementation according to the relevant provisions of the state.  The people's government at or above the county level shall bring into play the role of TCM in emergency response to public health incidents, and strengthen the reserves of TCM emergency response materials, equipment, facilities, technologies and talents. Medical and health institutions shall actively utilize TCM theories and technical methods in disease prevention and control. Article 19 A medical institution that plans to release a TCM medical advertisement shall be subject to the examination and approval of the competent TCM department of the people's government of the province, autonomous region or municipality directly under the Central Government; and shall not issue the advertisement without examination and approval. The content of the issued TCM medical advertisement shall be consistent with the content approved upon examination, and comply with the relevant provisions of the Advertising Law of the People's Republic of China. Article 20 The competent TCM department of the people's government at or above the county level shall strengthen the supervision and inspection of TCM services, and take the following matters as the focus of supervision and inspection:  (1) Whether the TCM medical institution or TCM physician conducts medical activities beyond the prescribed scope. (2) Whether the provision of TCM services complies with the basic requirements for TCM services determined by the competent TCM department of the State Council.  (3) Whether the release of TCM medical advertisements complies with the provisions of this Law. The competent TCM department shall conduct supervision and inspection in accordance with the law, and relevant institutions and individuals shall cooperate and shall not refuse to accept or obstruct the supervision and inspection.
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