Law of the People's Republic of China on Traditional Chinese Medicine (Draft for Comment)
Chapter I General Provisions
Article 1 This Law is formulated for the purpose of inheriting and promoting traditional Chinese medicine, ensuring and promoting the development of traditional Chinese medicine and protecting human health.
article 2 Chinese medicine referred to in this law, that is, China traditional medicine, is a general term for the medicines of all ethnic groups in China, and it is a medical system that reflects the Chinese nation's understanding of health and diseases, with specific theories and Chinese cultural characteristics.
Chinese medicine is the characteristic and advantage of China's medical and health system and an important part of the national medical and health undertakings.
article 3 the state pursues the principle of attaching equal importance to both Chinese and western medicine, and gives full play to the role of Chinese medicine in medical and health undertakings.
article 4 the development of traditional Chinese medicine should follow its own laws and establish a management system that conforms to the characteristics of traditional Chinese medicine. Adhere to inheritance and innovation, maintain and give play to the characteristics and advantages of traditional Chinese medicine; Adhere to overall planning and promote the comprehensive and coordinated development of traditional Chinese medicine; Adhere to the mutual learning between Chinese medicine and western medicine, encourage western medicine to learn Chinese medicine, and promote the integration of Chinese and western medicine.
article 5 the state encourages and supports social forces to invest in Chinese medicine, and takes measures to support organizations and individuals to donate Chinese medicine.
article 6 the state encourages and supports foreign exchanges and cooperation of traditional Chinese medicine, and promotes the international spread and application of traditional Chinese medicine.
article 7 the state develops the culture of traditional Chinese medicine and incorporates the construction of traditional Chinese medicine culture into the national cultural development plan.
October 11th is Chinese Medicine Day every year.
Article 8 The competent department of traditional Chinese medicine in the State Council is responsible for the administration of traditional Chinese medicine throughout the country. Other relevant departments in the State Council are responsible for the work related to the management of traditional Chinese medicine within their respective responsibilities.
the competent departments of traditional Chinese medicine of local people's governments at or above the county level are responsible for the administration of traditional Chinese medicine within their respective administrative areas. Other relevant departments of the local people's governments at or above the county level shall be responsible for the work related to the administration of traditional Chinese medicine within their respective functions and duties.
article 9 the people's governments at or above the county level shall establish a coordination mechanism for the work of traditional Chinese medicine to solve major problems in the development of traditional Chinese medicine as a whole.
article 1 organizations and individuals who have made outstanding contributions to the development of Chinese medicine shall be commended and rewarded in accordance with the relevant provisions of the state.
chapter ii services of traditional Chinese medicine
article 11 the prevention, health care, medical treatment and rehabilitation services of traditional Chinese medicine should be guided by the theory of traditional Chinese medicine and the technical methods of traditional Chinese medicine should be used.
article 12 the state establishes a Chinese medicine service system covering both urban and rural areas, and guarantees citizens' right to receive Chinese medicine services.
article 13 the local people's governments at or above the county level shall rationally plan and allocate the resources of Chinese medicine services, and incorporate the construction of Chinese medicine medical institutions into the planning for the establishment of medical institutions in their respective administrative regions.
article 14 the local people's governments at or above the county level and their relevant departments should strengthen the capacity building of medical institutions for Chinese medicine services, set up medical institutions for Chinese medicine with appropriate scale, set up Chinese medicine departments in government-run general hospitals and qualified specialized hospitals, and set up Chinese medicine departments in community health service centers and township hospitals to ensure that community health service stations and village clinics can provide Chinese medicine services.
article 15 the state encourages and supports social forces to set up medical institutions of traditional Chinese medicine. Chinese medical institutions run by social forces enjoy the same rights as those run by the government in terms of access and practice.
article 16 the establishment of a medical institution of traditional Chinese medicine shall go through the relevant procedures in accordance with the regulations on the management of medical institutions. However, traditional Chinese medicine clinics that only provide traditional Chinese medicine services can be practiced after filing with the competent department of traditional Chinese medicine of the local people's government at the county level. Measures for the filing, supervision and management of traditional Chinese medicine clinics shall be formulated by the competent department of traditional Chinese medicine in the State Council.
the traditional Chinese medicine services mentioned in this law include Chinese medicine treatment based on syndrome differentiation, Chinese medicine treatment, Chinese medicine adjustment, Chinese medicine decoction and other traditional Chinese medicine pharmacy service, as well as acupuncture, cupping, massage and other non-drug therapies.
Article 17 Medical institutions of traditional Chinese medicine run by the government shall not be merged, cancelled or changed at will; If it is really necessary to merge, cancel or change the medical nature of traditional Chinese medicine, it shall be approved by the competent department of traditional Chinese medicine of the people's government at the next higher level of the people's government where the medical institution is held.
article 18 medical institutions shall abide by the basic requirements for Chinese medicine services formulated by the competent department of Chinese medicine in the State Council.
Article 19 A medical institution of traditional Chinese medicine shall be staffed by Chinese medicine technicians, mainly providing Chinese medicine services; The use of modern scientific and technological methods should be conducive to maintaining and giving play to the characteristics and advantages of traditional Chinese medicine.
Article 2 Community health service centers, township hospitals, community health service stations and village clinics shall rationally allocate technicians of Chinese medicine, and popularize and apply appropriate technologies of Chinese medicine.
the competent department of traditional Chinese medicine of the people's government at or above the county level shall establish a training base for the popularization of appropriate technologies of traditional Chinese medicine with medical institutions with technical advantages of traditional Chinese medicine as the main support.
Article 21 People's governments at or above the county level shall develop Chinese medicine prevention and health care services and incorporate them into basic public health services.
medical and health institutions should actively use traditional Chinese medicine in disease prevention and control.
article 22 the people's governments at or above the county level shall give full play to the role of traditional Chinese medicine in the emergency work of public health emergencies, strengthen the reserve of emergency materials, equipment, facilities, technology and human resources of traditional Chinese medicine, and formulate emergency plans, which shall include the use of traditional Chinese medicine technology to prevent and deal with public health emergencies.
the competent department of traditional Chinese medicine of the people's government at or above the provincial level may, according to the needs of responding to public health emergencies or controlling the epidemic situation of infectious diseases, issue technical plans for the prevention and treatment of traditional Chinese medicine. Medical and health institutions can take preparatory measures such as adjusting or decocting decoction according to the technical scheme of prevention and treatment of traditional Chinese medicine.
article 23 the state applies classified management to medical personnel of traditional Chinese medicine. Chinese medicine medical personnel are divided into Chinese medicine practitioners and traditional Chinese medicine practitioners.
the qualification and scope of practice of TCM doctors shall be implemented in accordance with the provisions of the Law of the People's Republic of China on Medical Practitioners.
Traditional Chinese medicine practitioners only engage in traditional Chinese medicine services. The practice of traditional Chinese medicine practitioners should be examined and registered by the competent department of traditional Chinese medicine of the people's government at the county level, and carry out relevant medical activities of traditional Chinese medicine within the registered geographical scope and practice scope. The specific measures shall be formulated by the competent department of traditional Chinese medicine in the State Council.
Article 24 General practitioners should learn and apply traditional Chinese medicine techniques to prevent and treat common diseases and frequently-occurring diseases.
rural doctors should be able to use appropriate techniques of traditional Chinese medicine to prevent and treat common diseases and frequently-occurring diseases.
article 25 medical advertisements of traditional Chinese medicine shall be examined and approved by the competent departments of traditional Chinese medicine of the people's governments of provinces, autonomous regions and municipalities directly under the central government where the medical institutions are located. Without approval, no advertisements of traditional Chinese medicine shall be published.
article 26 the state strengthens the construction of the standard system of traditional Chinese medicine, and clarifies the technical requirements of matters that need to be unified in the service of traditional Chinese medicine. The national standards and industry standards of traditional Chinese medicine are formulated and published by the relevant departments of the State Council according to their responsibilities, and are available to the public for free inspection.
Article 27 The competent department of traditional Chinese medicine of the people's government at or above the county level shall strengthen the supervision and inspection of traditional Chinese medicine services. The inspected entity shall cooperate with it and shall not refuse or obstruct it.
chapter iii development of traditional Chinese medicine
article 28 the state protects medicinal wild animal and plant resources, implements dynamic monitoring and regular survey of medicinal wild animal and plant resources, establishes a genetic bank of medicinal wild animal and plant resources, delimits nature reserves, encourages medicinal wild animals and plants to realize artificial planting and breeding, and supports the breeding of rare and endangered medicinal wild animals and plants and related research.
article 29 the state encourages the development of standardized cultivation and breeding of Chinese herbal medicines, supports the breeding of fine varieties of Chinese herbal medicines and improves the quality of Chinese herbal medicines.
article 3 the state establishes an evaluation system for authentic Chinese medicinal materials, supports the breeding of authentic Chinese medicinal materials and the breeding of improved varieties, supports the construction of authentic Chinese medicinal materials production bases, and encourages the adoption of measures such as the protection of geographical indication products to protect authentic Chinese medicinal materials.
article 31 the collection, storage and preliminary processing of Chinese herbal medicines shall conform to the national drug standards.
article 32 rural doctors and traditional Chinese medicine practitioners who grow, collect and use Chinese herbal medicines locally should have knowledge and identification ability of Chinese herbal medicines.
Article 33 The competent department of traditional Chinese medicine in the State Council regularly organizes quality monitoring of Chinese herbal medicines and announces the monitoring results to the public.
article 34 the state protects the processing technology of traditional Chinese medicine decoction pieces, supports the production of traditional Chinese medicine decoction pieces and encourages the development of traditional Chinese medicine decoction pieces by using modern science and technology.
article 35 in order to meet the clinical needs, medical institutions may prepare Chinese herbal pieces that are not available in the market with prescriptions issued by doctors in their own medical institutions and use them in their own institutions. When a medical institution processes Chinese herbal pieces, it shall file with the pharmaceutical supervisory and administrative department of the local people's government at the county level.
article 36 according to clinical needs, medical institutions may reprocess Chinese herbal pieces with prescriptions prescribed by doctors in their own medical institutions.
article 37 the state encourages the research and production of new Chinese medicine, and supports the research and development of safe and effective new Chinese medicine with independent intellectual property rights.
the state protects the processing technology and technology of traditional Chinese medicines, supports the production of traditional Chinese medicines, and encourages the application of modern science and technology to research and develop traditional Chinese medicines.
article 38 the state encourages medical institutions to prepare and use traditional Chinese medicine preparations, and supports the preparation of traditional Chinese medicine preparations by traditional techniques.
article 39 a medical institution shall obtain a pharmaceutical preparation license for medical institution in accordance with the provisions of the pharmaceutical administration law of the people's Republic of China. Medical institutions that have not obtained the Pharmaceutical Preparation License for Medical Institutions may entrust pharmaceutical production enterprises that have obtained the Pharmaceutical Production License or other medical institutions that have obtained the Pharmaceutical Preparation License for Medical Institutions to prepare traditional Chinese medicine preparations. Entrusted preparation of traditional Chinese medicine preparations shall be filed with the pharmaceutical supervisory and administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government where the entrusting party is located.
varieties of traditional Chinese medicine preparations prepared by medical institutions shall obtain the preparation approval number. However, only the varieties of traditional Chinese medicine preparations prepared by traditional techniques can be prepared after filing with the pharmaceutical supervisory and administrative departments of the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government.
medical institutions are responsible for the quality of Chinese medicine preparations prepared by them; Where the traditional Chinese medicine preparation is entrusted, the entrusting party shall be responsible for the quality of the prepared traditional Chinese medicine preparation.
article 4 where there are no provisions in this law on the development, production, marketing and use of traditional Chinese medicines, the provisions of the pharmaceutical administration law of the people's Republic of China shall apply.
the drug supervision and administration department should strengthen the supervision and management of the research, production, management and use of traditional Chinese medicines.
article 41 the state supports the international trade of traditional Chinese medicines and promotes the development of service trade. where the import and export of medicinal wild animals and plants and their products are involved, it shall abide by the provisions of relevant laws and administrative regulations.
chapter iv personnel training
article 42 the state develops Chinese medicine education and establishes a Chinese medicine education system with appropriate scale, reasonable structure and various forms to meet the needs of career development. Strengthen the training and training of general practitioners, specialists and urban and rural grassroots Chinese medicine technicians, and encourage high-level education of integrated traditional Chinese and western medicine.
article 43 Chinese medicine education should follow the growth law of Chinese medicine talents, focus on the content of Chinese medicine, pay attention to the theoretical education and clinical practice of Chinese medicine, pay attention to the combination of modern education methods and traditional education methods, and pay attention to reflecting the culture with Chinese medicine characteristics.
article 44 the state improves the education of Chinese medicine colleges and universities.
the training objectives, years of study, teaching forms, teaching contents and teaching evaluation of Chinese medicine colleges and universities should reflect the characteristics of Chinese medicine and conform to the development law of Chinese medicine.
the standards for the establishment of Chinese medicine education institutions and Chinese medicine majors shall be formulated by the education authorities in the State Council jointly with the Chinese medicine authorities in the State Council.
To establish an educational institution of traditional Chinese medicine, a clinical teaching base shall be established, and the standards for setting the base shall be formulated by the education authorities in the State Council jointly with the departments in charge of traditional Chinese medicine in the State Council.
article 45 the state develops apprenticeship education for Chinese medicine practitioners, encourages Chinese medicine doctors and technicians to teach with apprentices in their practice and business activities, teaches Chinese medicine theories and technical methods, and trains Chinese medicine technicians.
article 46 the state develops continuing education of Chinese medicine.
the competent department of traditional Chinese medicine of the local people's government at or above the county level shall improve the continuing education network, formulate continuing education plans and organize continuing education. Strengthen the training of basic knowledge and skills of traditional Chinese medicine for urban and rural grassroots medical and health service personnel.
TCM technicians should participate in continuing education in accordance with regulations, and their institutions should create conditions for them to receive continuing education.
article 47 the state develops vocational education of Chinese medicine.
the people's governments at or above the county level and their relevant departments should take measures to support the vocational education of Chinese medicine and cultivate practical talents.
chapter v inheritance, innovation and cultural communication
article 48 the state supports the inheritance and innovation of theories and technical methods of traditional Chinese medicine, encourages scientific research and academic contention of traditional Chinese medicine, and supports the development of academic schools.
people's governments at or above the county level should support the development of medical institutions or departments of traditional Chinese medicine with the characteristics and advantages of traditional Chinese medicine, and give play to its main role in the inheritance and innovation of traditional Chinese medicine.
article 49 the state protects the traditional knowledge of Chinese medicine. Holders of traditional Chinese medicine knowledge have the right to inherit and use, and have the right of informed consent and benefit sharing for others to acquire and use traditional knowledge. The specific measures shall be formulated by the intellectual property administrative department of the State Council in conjunction with the competent department of traditional Chinese medicine of the State Council.
article 5 the state supports the inheritance of theories and technical methods of traditional Chinese medicine with important academic value. The competent departments of traditional Chinese medicine of the people's governments at or above the provincial level shall organize the selection of academic heritage projects and inheritors of traditional Chinese medicine within their respective administrative areas, and provide necessary conditions for them to carry out heritage activities.
inheritors should carry out inheritance activities, cultivate successors, summarize, collect and properly preserve relevant academic materials.
article 51 the people's governments at or above the county level shall support the collation, research and utilization of ancient Chinese medicine documents, academic ideas and diagnosis and treatment experience of famous Chinese medicine experts, and folk Chinese medicine diagnosis and treatment methods and technologies.
encourage organizations and individuals to donate Chinese medicine literature, secret recipes, prescriptions, diagnosis and treatment methods and technologies with research and application value.
article 52 the people's governments at or above the county level shall incorporate the scientific research of traditional Chinese medicine into the development plan of science and technology, and invest funds through various channels to strengthen and promote the scientific research of traditional Chinese medicine.
the state encourages cross-industry, cross-regional and interdisciplinary cooperation in scientific research of traditional Chinese medicine, and supports the integration of scientific and technological resources of traditional Chinese medicine, the integration of multiple disciplines and the integration of Industry-University-Research.
article 53 the scientific and technological innovation of traditional Chinese medicine should be guided by the theory of traditional Chinese medicine, with the improvement of clinical efficacy as the core and the application of modern science and technology as the focus.
article 54 the people's governments at or above the county level shall improve the transformation mechanism of scientific and technological achievements of traditional Chinese medicine, take measures to encourage and support technology transfer and popularization, and improve the scientific and technological service system of traditional Chinese medicine.
article 55 the people's governments at or above the county level shall strengthen the publicity and knowledge popularization of traditional Chinese medicine, establish a multi-channel and multi-form platform for the dissemination of traditional Chinese medicine culture and knowledge, and encourage organizations and individuals to create traditional Chinese medicine culture and popular science works.
article 56 to carry out cultural propaganda and knowledge popularization activities of traditional Chinese medicine, we should abide by the relevant provisions of the state and adhere to the scientific spirit. No organization or individual may make false or exaggerated propaganda on traditional Chinese medicine.