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Beijing City, the development of Chinese regulations
2001Years6Month22Day eleventh Beijing people's Congress Standing Committee twenty-seventh meeting
First chapter General principles
Article 1 In order to inherit and carry forward the traditional Chinese medicine and pharmacy,Safeguard and promote the development of Chinese Medicine,Meet the people's demand for medical care,According to the relevant state laws, rules and regulations,Combined with the actual conditions of the city,The enactment of this Ordinance.
Article second Administrative areas in the city engaged in traditional Chinese Medicine,Including the combination of traditional Chinese and Western medicine and ethnic medicine,Medical care, prevention, health care, rehabilitation and education of traditional Chinese medicine, scientific research and foreign exchange activities,These Regulations shall apply to.
Article third The development of Chinese industry shall adhere to the principle of both traditional Chinese and Western Medicine,In accordance with the inheritance, protection, support, development of the principles of Chinese Medicine,Play Chinese characteristics and advantages,The use of modern science and technology,To promote the development of theory and practice of traditional Chinese Medicine,Promoting the modernization of traditional Chinese medicine.
Article fourth The people's governments at various levels shall strengthen the leadership on the work of doctor of traditional Chinese Medicine,The development of the cause of Chinese medicine into the national economic and social development plan,And take measures for the development of the cause of Chinese medicine to provide conditions and protection.
Article fifth Traditional Chinese medicine administrative department in charge of the city's Chinese medicine work.
District, county public health administrative department in charge of the area of traditional Chinese medicine work.
The city and district, county, the relevant administrative departments shall, in accordance with their respective duties,To promote and guarantee the development of tcm.
Article Sixth On the development of TCM is the unit of outstanding contribution and individual,The city and district, county people's government or traditional Chinese medicine administrative departments shall commend and award.
The second chapter Support and protection
Article seventh The people's governments at various levels shall gradually increased toward the Chinese business investment. Medical expenditure increase,Health expenditure should be higher than the growth rate of.
The public finance department shall arrange special funds of traditional Chinese Medicine,To support the construction of key disciplines, science and technology achievement transformation, talent cultivation, Chinese rural development.
The administrative departments of science and technology in the arrangement of science and technology funds at,Should the Chinese project to give key support.
Article eighth The people's governments at various levels shall protect the wild resources of Chinese herbal medicine,Support of artificial planting herbs and wild Chinese herbal medicine research and development.
Article ninth To encourage the use of foreign capital,Through a joint venture, cooperation and other forms,The development of Chinese enterprise.
The domestic and foreign organizations and individuals through donations, grants or other means to give aid to the development of Chinese Medicine,Enjoy the related preferential policies of the state.
Encourage medical institutions of traditional Chinese medicine and qualified citizens to go abroad to carry out medical activities and other forms of international cooperation and exchange.
Article tenth To participate in the basic medical insurance staff except in accordance with the provisions of a select number of designated medical institutions,Also can choose any designated medical institution. Diagnosis and treatment of traditional Chinese medicine technology should be incorporated into the basic medical insurance treatment project directory selection scope,Chinese herbal medicine preparation of fixed-point medical institutions approved by the relevant department,In a designated medical institution transfers between,And should be incorporated into the basic medical insurance drug list selection scope.
Article eleventh Medical institutions shall actively carry out low cost, obvious curative effect of Chinese medicine diagnosis and treatment technology.
To participate in the basic medical insurance staff,Selection of treatment projects into the basic medical insurance catalogue parts of traditional Chinese medicine diagnosis and treatment technology,Can enjoy preferential policies. Specific measures by the municipal labor and social security administrative department and the administrative department shall be separately formulated Chinese medicine.
Article twelfth TCM technical service fee determination,The characteristics of traditional Chinese medicine TCM should consider the embodiment of value of technology.
The third chapter Chinese medical institutions and medical services
Article thirteenth The people's governments at various levels shall, according to the people of Chinese medicine needs adjustment, improve medical institutions layout.
Each area, county should at least have a non-profit medical institutions of traditional Chinese medicines. General hospitals should strengthen the Department of traditional Chinese medicine, laboratory construction, rural hospitals in the town ought to establish the Department of traditional Chinese medicine, room.
In the medical institutions, in the process of cooperation,We should make full use of traditional Chinese medicine resources,Play Chinese action.
Article fourteenth Encourage citizens, legal persons and other organizations in accordance with the law to set up cooperation, joint venture and other forms of traditional Chinese medical institutions.
To encourage long-term experience in clinical practice of Chinese medicine personnel individual practice,In accordance with the law in the medical activities.
Article fifteenth Traditional Chinese medical institutions shall adhere to the traditional Chinese medicine services as the main direction,Strengthening specialty construction,Traditional Chinese medicine diagnosis and treatment of disease advantage,To raise the level of medical technology and comprehensive service capacity.
Article sixteenth Medical institutions should be strengthened on the traditional Chinese medicine personnel training and occupation moral education,Strict implementation of the relevant regulations and rules.
Chinese medicine personnel shall abide by the occupation morals,Carrying forward the noble medical ethics,Improve the service quality and service level.
Article seventeenth The community health service should be introduced into Chinese medicine diagnosis and treatment technology,For the people to provide medical, prevention, care, rehabilitation and other services.
Article eighteenth Prevention and cure of rural work, should pay attention to play to the advantages of Chinese medicine and the role of.
Strengthen the rural doctors of traditional Chinese medicine theory and clinical technology training,Improve the level of rural doctors of TCM diagnosis and treatment.
To encourage the town of medical staff and Medical College of traditional Chinese medicine graduates to work in the countryside or in various forms of Chinese technical collaboration,Promoting the development of TCM cause in rural areas.
The fourth chapter Education and scientific research
Nineteenth to encourage multiple channels, form of the development of Chinese medicine education,Accelerate the establishment of a sound professional, scale suitable, appropriate, reasonable structure of the education system of Chinese traditional medicine,And the establishment of corresponding clinical teaching base.
Article twentieth Traditional Chinese medicine administrative department shall, according to the needs of the development of traditional Chinese Medicine,Formulation of training professionals of Chinese medicine program,Pay attention to the training of Chinese medicine subject leaders and young and middle-aged backbones.
Article twenty-first Traditional Chinese medicine colleges and universities should strengthen the basic theory of Chinese medicine education,Pay attention to clinical teaching of Chinese Medicine,Other medical universities should set the foundations of Chinese medicine theory and basic skills courses.
Encourage medical institutions of higher learning and the relevant scientific research institutes have plans to develop traditional Chinese medicine or integrated traditional Chinese and Western medicine discipline talents of high level.
Article twenty-second Chinese administrative departments and medical institutions should be in accordance with the law of traditional Chinese medicine personnel to continue education,For general practitioners, rural physicians in continuing education,Shall arrange a certain proportion of Chinese teaching content.
Medical staff should learn to use modern science and technology,To promote TCM inheritance and development,Western medicine and other subjects related to encourage staff to study the theory of traditional Chinese medicine and diagnosis technology.
Article twenty-third Respect for and protection of traditional Chinese medicine experts.
Encourages high academic level and rich clinical experience of traditional Chinese medicine experts and students etc.,Carry out education.
Encourage graduates of medical colleges from or outstanding young Chinese medicine personnel summarize and inheritance of traditional Chinese medicine experts academic thought and clinical experience. The specific implementation measures,By the Chinese administrative department jointly with the Municipal Department of personnel shall be formulated separately.
Article twenty-fourth Chinese administrative departments shall, jointly with the municipal administrative department of science and technology to develop the traditional Chinese medicine science and technology research and development program,Strengthen Chinese medicine scientific research institutions and the construction of key disciplines,Good traditional Chinese medicine science and technology intelligence and information work. Support to carry out theoretical research of Chinese medicine, clinical research and technological innovation,To promote Chinese medicine scientific and technological achievements transformation and promotion.
Article twenty-fifth In accordance with the law to protect intellectual property rights of traditional Chinese medicine.
The relevant departments shall for the medicine patent, trademark registration applicant in a timely manner for patent and trademark registration.
Citizens, legal persons and other organizations can take the Chinese medicine, prescription, specialized technology and scientific research and other intellectual elements as the capital,Participation in distribution.
Article twenty-sixth Traditional Chinese medicine administrative department shall, in conjunction with the relevant departments of Chinese medicine resources, development, mining, sorting and conservation work,Encouraged to contribute valuable traditional Chinese medicine literature and has a unique effect of folk medical technology and medicine.
Health, finance, science and technology and other administrative departments should from capital or other funding has higher academic value of traditional Chinese medicine publishing.
Article twenty-seventh Academic medicine groups should be planned to carry out academic exchanges,Organization of Chinese Medicine Advisory Service,Publicity and knowledge of Chinese Medicine,Organize or assist the relevant departments to carry out medical staff in-service training and continuing education activities.
The fifth chapter Supervision
Article twenty-eighth Setting of traditional Chinese medical institutions,In accordance with the "Regulations on medical institution" of the relevant provisions of the approval, registration. Chinese administrative departments and the District, county public health administrative department on traditional Chinese medical institutions to practice activities are examined, guide.
Non-profit medical institutions of traditional Chinese medicines, merger or change the revocation of Chinese medical properties,Should be approved by the original departments. In which,By the District, county public health administrative department approved the establishment of medical institutions of revocation, merger or change of traditional Chinese medical properties shall be submitted to the municipal administrative department for traditional Chinese medicine.
Article twenty-ninth Traditional Chinese physician qualification, practice of registration and traditional medicine education and have professional staff to apply to join the doctor qualification have an exam qualification evaluation and Accreditation,In accordance with the "law of the Peoples Republic" and other relevant provisions.
Article thirtieth The following work should be carried out mainly Chinese medicine expert
(A)Chinese scientific research project and achievement appraisal;
(Two)Chinese professional qualification appraisal;
(Three)Traditional Chinese medical, educational and research institutions, assessment review;
(Four)Chinese medicine technology identification of medical accident.
Article thirty-first Traditional Chinese medical advertising content should be true, legitimate.
The Municipal Administration for Industry and commerce is the traditional Chinese medical advertising supervision and management organizations.
Traditional Chinese medical advertisements shall be released by traditional Chinese medicine TCM medical advertisements issued by the administration department to prove. Advertisers, publishers shall not design, production, agents, release not to obtain a medical certificate or traditional Chinese medical advertisements and advertising that approved the content does not match the advertisement of traditional Chinese medical treatment.
Article thirty-second Traditional Chinese medicine TCM enterprise funds and special funds shall be earmarked, forbidding the use of interception.
Article thirty-third Traditional Chinese medicine administrative department shall promote Chinese industry organization construction,Instruct the Chinese medicine industry organizations.
Chinese trade organizations shall, according to their articles of association shall practise self-disciplined management,Safeguard their legitimate rights and interests,Promoting the development of tcm.
The sixth chapter Legal responsibility
Article thirty-fourth In violation of the provisions of the twenty-eighth paragraph,Unauthorized opening of Chinese medical institutions to practice medicine or a physician practice.,By the Chinese administrative department or district, county public health administrative department shall be banned,The illegal gains shall be confiscated and medicines, equipment,Concurrently10Million yuan fine,Doctors on the practicing certificate shall be revoked,Patients with damage to,Be liable for compensation according to law,Constitute a crime,Criminal responsibility shall be investigated according to law.
Article thirty-fifth In violation of the provisions of clause thirty-first,Unauthorized release of medical advertisements,Or the advertisement content and approval advertising inconsistent with the content,The administrative department for Industry and Commerce of the people's Republic of China on the basis of "advertisement law" the relevant provisions,On the responsible advertisers, publishers, advertising operators shall be punished.
Article thirty-sixth In violation of the provisions of clause thirty-second,Misappropriation of funds or doctor of traditional Chinese medicine TCM, interception of special funds,By the superior administrative organ shall be ordered to make restitution,On the person directly responsible by the unit or by the superior competent department shall be given an administrative sanction,Constitute a crime,Criminal responsibility shall be investigated according to law.
Article thirty-seventh Chinese administrative departments or the public health administrative department staff have one of the following acts shall be given an administrative sanction,Constitute a crime,Criminal responsibility shall be investigated according to law.
(A)Approval do not meet the conditions of the unit or individual to set up the Chinese medicine medical institutions;
(Two)False medical advertising proof;
(Three)Be forgetful of one's duties, other breach of privilege, play favouritism and commit irregularities.
The seventh chapter Supplementary articles
Article thirty-eighth The present Regulations shall2001Years10Month1Date of implementation.