Method of traditional Chinese medicine of the People's Republic of China (draft) and instructions in full

 time: 2016-01-04 source: removals The method of traditional Chinese medicine of the People's Republic of China (draft)

The first chapter is always

Article 1 in order to inherit and carry forward the traditional Chinese medicine, safeguard and promote the development of Chinese medicine, protecting human health, this law is enacted.

Article 2 in this law, "traditional Chinese medicine, it is including the han nationality and minority medicine, collectively of ethnic medicine in our country, reflects the Chinese nation awareness of life, health and disease, with its unique theory and method system of medicine.

Article 3 the cause of Chinese medicine is an important part of medicine and health care in China. Policy of the state to pay equal attention to Chinese and western medicine, and encourage western medicine of traditional Chinese medicine learn from each other, promote the combination of Chinese and western medicine, Chinese medicine into full play the role of medical health care in our country. Development of traditional Chinese medicine industry shall adhere to the combination of inheritance and innovation, maintain and developing the features and advantages of TCM, using modern science and technology, promote the modernization of traditional Chinese medicine, accord with the characteristics of traditional Chinese medicine management system is established.

Article 4 the state shall support the social strength investment of Chinese medicine cause, take measures to support organization, individual donations of Chinese medicine cause. The state supports international cooperation of Chinese medicine, promote the establishment of international standard system of Chinese medicine, promote the international spread and application of traditional Chinese medicine.

Article 5 the state council departments responsible for the management of the national Chinese medicine of traditional Chinese medicine. Within the scope of their respective responsibilities of other relevant departments under the state council in charge of work related to the management of traditional Chinese medicine.

The local people's governments at or above the county level departments in charge of traditional Chinese medicine of traditional Chinese medicine management in their respective administrative areas. The local people's governments at or above the county level within the scope of their respective responsibilities to other departments in charge of work related to the management of traditional Chinese medicine.

The second chapter of Chinese medicine services

Article 6 the people's governments at or above the county level shall strengthen the traditional Chinese medicine service system construction, and reasonable planning and configuration services of traditional Chinese medicine resources, the construction of medical institutions of traditional Chinese medicine into the medical institutions establishment program, the host is suitable for medical institutions of traditional Chinese medicine, in the government at the general hospital and conditional hospital and community health service centers in towns and townships set up the department of traditional Chinese medicine, improve the condition of community health service stations and village clinics, make its have the ability to provide services of traditional Chinese medicine, which guarantees citizens receive services of traditional Chinese medicine. Held merger or revocation of government medical institutions of traditional Chinese medicine of traditional Chinese medicine (TCM) or change the nature of the medical, the people's government at the next higher level shall solicit the opinions of the competent department of traditional Chinese medicine.

Article 7 the state shall support the doctor of traditional Chinese medicine medical institutions run by social forces. Social forces of the medical institutions of traditional Chinese medicine in access, practicing, insurance of primary medical treatment, scientific research teaching and technical titles, medical personnel and government held the same rights of medical institutions of traditional Chinese medicine.

Article 8 personnel engaged in medical treatment activity of traditional Chinese medicine shall, in accordance with the law of the People's Republic of China on medical practitioners law of practice, the provisions of traditional Chinese medicine doctors' qualifications and professional registration. But to learn ways to learn Chinese medicine or medical skill does expertise personnel after years of practice, by the people's governments of provinces, autonomous regions and municipalities directly under the central government department in charge of organization of Chinese medicine practice skills and effects can be obtained after assessment is eligible Chinese medicine doctors' qualifications. Through the examination of TCM doctors' qualifications personnel within the scope of the examination and registration of practice, can be in the form of personal opening or within the medical institution engaged in medical treatment activity of traditional Chinese medicine. Departments shall, according to the technology and methods of traditional Chinese medicine of traditional Chinese medicine under the state council of the security risk assessment method to classification, the state council for examination and approval by the administrative department of health, published.

Article 9 at medical institutions of traditional Chinese medicine shall, in accordance with the relevant state stipulations on the management of medical institutions, the examination and approval formalities, and comply with the relevant provisions of the management of medical institutions. But, for clinic of traditional Chinese medicine, the clinic's name, address, diagnosis and treatment scope, staffing, etc to local people's government at the county level after the competent departments for the record of Chinese medicine can conduct practice activities. Clinic of traditional Chinese medicine should be the scope of clinic diagnosis and treatment in clinic, the name of the doctor of traditional Chinese medicine and scopes of the apparent position of the public, and shall not be carried out for the record of the diagnosis and treatment outside the scope of medical activities. The specific measures shall be formulated by the state council competent department of traditional Chinese medicine, the health administration department under the state council for examination, verification and, release.

Article 10 the medical institutions of traditional Chinese medicine with medical personnel should give priority to with Chinese medicine professional and technical personnel, mainly provides services of traditional Chinese medicine; With modern science and technology method, should be to keep and exert the features and advantages of Chinese medicine. Community health service centers, in towns and townships, community health service stations and conditional village clinics shall reasonably equipped with professional and technical personnel of traditional Chinese medicine, use and promotion of traditional Chinese medicine appropriate technology.

Article 11 to carry out the services of traditional Chinese medicine, should be guided by the theory of traditional Chinese medicine, using the methods of traditional Chinese medicine, and conform to the basic requirements of the state council formulated by the competent department of traditional Chinese medicine of traditional Chinese medicine service.

Article 12 the people's governments at or above the county level development of traditional Chinese medicine prevention and health care services, and in accordance with the relevant regulations of the state, be included in the basic public health services as a whole.

The people's government at or above the county level shall play a role in public health emergencies emergency work of traditional Chinese medicine, strengthen the traditional Chinese medicine emergency supplies, equipment, facilities, technology and human resources reserves.

Medical institutions shall actively use traditional Chinese medicine in disease prevention and control techniques.

Article 13 a medical advertisement shall be subject to the medical institutions of traditional Chinese medicine the local people's governments of provinces, autonomous regions and municipalities directly under the central government for examination and approval by the competent department of traditional Chinese medicine. TCM medical advertising is not allowed without the examination and approval. Released by the traditional Chinese medicine medical advertising content shall be in accordance with approved by the examination content.

Article 14 the people's governments at or above the county level of traditional Chinese medicine departments should strengthen the supervision and inspection of services of traditional Chinese medicine, and will focus on the following items as the supervision and inspection:

(a) medical institutions of traditional Chinese medicine, Chinese medicine physicians are beyond the prescribed scope of practice activities;

(2) to carry out the services of traditional Chinese medicine is in line with the basic requirements of the state council formulated by the competent department of traditional Chinese medicine of traditional Chinese medicine service.

(3) of the traditional Chinese medicine medical advertising behavior whether to conform to the provisions of this law. In accordance with the law, conduct supervision and inspection by the competent department of traditional Chinese medicine, the relevant units and individuals shall cooperate with and shall not refuse or obstruct.

The third chapter of TCM development

Article 15 the state shall protect the medicinal wildlife resources of medicinal wildlife resources of dynamic monitoring and regular census, establishing medicinal germplasm gene bank of wild fauna and flora resources, encourage the development of artificial planting farming, support for rare and endangered medicinal wildlife breeding and related research. State encourages the development of traditional Chinese medicine standardized farming, support for Chinese traditional medicine seed-breeding, improve the quality of Chinese medicinal materials.

Article 16 the state shall establish a authentic Chinese herbal medicine evaluation system and support the authentic Chinese herbal medicine varieties, supporting the authentic Chinese herbal medicine production base construction, encourage the geographical indication product protection measures are taken to protect authentic Chinese herbal medicine.

Article 17 the collection, storage and raw traditional Chinese medicine, traditional Chinese medicinal materials shall be in conformity with the relevant provisions of the state.

The pharmaceutical supervisory and administrative department under the state council should strengthen the Chinese medicinal materials quality monitoring, regularly publish monitoring results to the whole society. The relevant departments of the state council shall assist the completes the work in relation to the traditional Chinese medicinal materials quality monitoring. State encourages the development of modern circulation system of Chinese medicinal materials, enhancing the technical levels of packaging, storage and other Chinese medicinal materials, Chinese traditional medicine circulation tracing system is established. Pharmaceutical trading enterprises Chinese medicinal materials, it shall establish and implement the inspection of goods and purchasing records system, and indicate the origin of traditional Chinese medicine.

Article 18 with traditional Chinese medicine knowledge and the ability to recognize the rural doctors, Chinese medicine physicians, Chinese medicinal materials, since the middle of mining property and used in the practice.

Article 19 the state protection of traditional Chinese medicine yinpian processing technology and techniques, and support the application of traditional craft processing Chinese medicine yinpian, encourages the use of modern science and technology in the study of Chinese medicine yinpian processing technology.

Article 20 no supply in the market of traditional Chinese medicine yinpian, medical institutions can need according to the prescription of the medical institutions, processing, use within the medical institution. Medical institutions responsible for the quality of the processing of traditional Chinese medicine yinpian. Medical institutions create Chinese medicine yinpian, pharmaceutical supervisory and administrative department shall be submitted to the local people's government at the county level for the record. According to the needs of clinical medicine, medical institutions to obtain the prescription of medical institutions of traditional Chinese medicine yinpian processing again.

Article 21 the state encourages and supports the development and production of new drugs. National protection of traditional Chinese medicine processing technology and craft, support the production of traditional Chinese medicines, dosage form, encourages the use of modern science and technology research and development of traditional Chinese patent medicine.

Article 22 the state shall encourage medical institutions according to the medical institutions to clinical medication preparation and use of Chinese medicine preparations, support the application of traditional process preparation traditional Chinese medicine preparations, support for Chinese medicine developed on the basis of Chinese herbal medicine new medicine.

Preparation traditional Chinese medicine (TCM) preparations, medical institutions shall, in accordance with the provisions of the pharmaceutical administration law of the People's Republic of China in the pharmaceutical preparation certificate for medical institution, or entrust the pharmaceutical production license of the pharmaceutical production enterprise, the pharmaceutical preparation certificate for medical institution of other medical institutions prepared traditional Chinese medicine (TCM) preparations. Medical institutions responsible for the quality of the preparation of traditional Chinese medicine preparation; Entrust a compound preparation of traditional Chinese medicine, the principal responsible for the quality of the preparation of traditional Chinese medicine preparation. Entrust the compound Chinese medicine preparation, shall report to the local people's governments of provinces, autonomous regions and municipalities directly under the central government pharmaceutical supervisory and administrative departments for the record; Accept the record of the pharmaceutical supervisory and administrative department shall timely will inform the entrusted party filing the local people's governments of provinces, autonomous regions and municipalities directly under the central government pharmaceutical supervisory and administrative department.

Varieties of traditional Chinese medicine preparations dispensed by medical institutions shall, in accordance with the document of approval for preparation. However, only the varieties of traditional Chinese medicine preparation, application of traditional process makes up to the local people's governments of provinces, autonomous regions and municipalities directly under the central government medical institutions and drug supervision and administration department for the record can be prepared, don't need to get the document of approval for preparation. Medical institutions shall strengthen the variety of adverse reaction of TCM and monitoring for the record, and report in accordance with the relevant provisions of the state. Pharmaceutical supervisory and administrative departments shall strengthen the varieties of traditional Chinese medicine preparation for filing preparation and use of supervision and inspection.

The fourth chapter cultivation of talents

Article 23 the national development of Chinese medicine education, set up to meet the need of development of Chinese medicine, the appropriate scale, reasonable structure, various forms of traditional Chinese medicine education system; Strengthen the general practitioners of traditional Chinese medicine, specialist and urban and rural grassroots cultivating and training of professional and technical personnel of traditional Chinese medicine; Encourages a high level of education which combines traditional Chinese medicine with western medicine.

Article 24 the education of Chinese medicine should follow the rules of talent growth of Chinese medicine, with content of traditional Chinese medicine is given priority to, reflect cultural characteristics of traditional Chinese medicine, pay attention to the classical theory of traditional Chinese medicine and traditional Chinese medicine clinical practice, combining modern education and traditional education mode.

Article 25 the state to improve school of Chinese medicine education system, support the implementation of special education of institutions of higher learning of Chinese medicine, the development of vocational schools and other institutions of education. The training objectives of school of Chinese medicine education, length of schooling, teaching forms, teaching content, teaching evaluation, degree education and academic level of evaluation standard, etc., shall reflect the subject characteristics of TCM, comply with the discipline development rule of Chinese medicine.

Article 26 the state education development of traditional Chinese medicine shicheng, encourage the doctor of traditional Chinese medicine, Chinese medicine professional and technical personnel in the practice, business activities DaiTu knowledge, teaching theory and methods of traditional Chinese medicine, develop traditional Chinese medicine professional and technical personnel.

Article 27 the local people's governments at or above the county level departments shall organize to carry out the continue education of Chinese medicine of traditional Chinese medicine, strengthen urban and rural grassroots medical staff training of basic knowledge and skills of traditional Chinese medicine. Traditional Chinese medicine professional and technical personnel to attend continuing education shall, in accordance with the regulations and organization shall create conditions for its accept continuing education.

The fifth chapter inheritance innovation and cultural transmission

Article 28 the state support for inheritance and innovation of traditional Chinese medicine theory and technology method. The people's government at or above the county level shall support with TCM characteristics and advantages of the development of medical institutions, play a principal role in inheritance and innovation of traditional Chinese medicine.

Article 29 the state shall protect the traditional knowledge of traditional Chinese medicine. Traditional knowledge holders of traditional Chinese medicine for its holdings of TCM traditional knowledge shall have the right to inheritance use, for others to obtain and make use of its holdings of TCM traditional knowledge right informed consent and benefit sharing, etc.

Article 30 has the important academic value to theory and method of traditional Chinese medicine, director of Chinese medicine department of the people's governments at or above the provincial level shall organize the selection within their respective administrative areas of academic inheritance projects and inheritance of traditional Chinese medicine, and provide necessary conditions for inheritance activities. Inheritance shall conduct inheritance activities, cultivating talents and the subsequent collect and keep the relevant academic materials. Belongs to the intangible cultural heritage representative projects, in accordance with the law of the People's Republic of China on intangible cultural heritage law the relevant provisions of the inheritance activities. People's governments at or above the county level shall take measures to support the ancient documents of Chinese medicine, the famous expert of traditional Chinese medicine's academic thoughts and clinical experience and folk sorting, research and utilization of technology and methods of traditional Chinese medicine.

Article 31 the people's governments at or above the county level shall enhance the promotion of TCM culture, popularize knowledge of TCM, advocating traditional Chinese medicine keeping in good health, encourage organizations, individual creation of traditional Chinese medicine culture and popular science work.

Article 32 in traditional Chinese medicine culture propaganda and literacy activities, shall abide by the relevant provisions of the state. Chinese medicine by any organization or individual shall not make false, exaggerated propaganda, may not seek improper gains the name of traditional Chinese medicine. Radio, television, newspapers, the Internet and other media to carry out the traditional Chinese medicine keeping in good health knowledge propaganda, shall be conducted to hire professional and technical personnel of traditional Chinese medicine.

The sixth chapter safeguards

Article 33 the people's governments at or above the county level shall provide policy support to the development of traditional Chinese medicine and conditions. The people's governments at or above the county level and its relevant departments to formulate the basic medical insurance payment policy, drug policy, such as, medicine and health care policy should play to the advantages of traditional Chinese medicine, the support and the use of traditional Chinese medicine services. Traditional Chinese medicine departments should participate in the formulation of the relevant policy.

Article 34 the relevant departments of the local people's governments at or above the county level shall conform to the conditions of medical institutions of traditional Chinese medicine into the scope of the medical establishment that decide a dot of insurance of primary medical treatment, will conform to the conditions of the diagnosis and treatment project of traditional Chinese medicine, Chinese medicine yinpian, proprietary Chinese medicine and Chinese medicine medical organizations into fund of insurance of primary medical treatment to pay limits.

Article 35 the state shall strengthen the construction of the standard system of Chinese medicine to the technical requirement of unified standards. The national standards, industry standards of traditional Chinese medicine shall be formulated by the relevant departments of the state council based on duties and published, available to the public for free access.

Article 36 to carry out the laws and administrative rules and regulations related to the traditional Chinese medicine review and appraisal and evaluation activities, it shall establish a specialized organization evaluation, assessment, identification of traditional Chinese medicine or Chinese medicine experts to participate in.

Article 37 the state shall take measures to increase the minority medicine heritage innovation, application development and support of talent training, promote the development of ethnic minority medicine.

Chapter vii legal responsibility

Article 38 people's governments at or above the county level departments and other relevant departments of Chinese medicine is in breach of the provisions of this law responsibility, by relevant department of the people's government at the corresponding level or the superior people's government shall be ordered to correct; If the circumstances are serious, the responsible person in charge and other directly responsible personnel, given sanctions in accordance with the law.

Article 39 the clinic is beyond the scope of the record and treatment of traditional Chinese medicine in medical treatment activity, the competent department of traditional Chinese medicine by the local people's government at the county level shall be ordered to correct, confiscate the illegal income, and be fined between RMB ten thousand yuan and ten thousand yuan; If the circumstances are serious, shall be ordered to stop the practice. Clinic of traditional Chinese medicine shall be ordered to stop the practice of law, the person in charge directly responsible for the penalty decision made five years from the date of may engage in management work in medical institutions. Workers hired the above shall not be engaged in management work of medical institutions, engaged in the work of management practice license or is revoked by the original license issuing department by the original registration department shall be ordered to stop the practice.

Article 40 the doctor of traditional Chinese medicine is beyond the scope of registered professional engaged in medical activities, shall be ordered to suspend by the competent department of the people's governments at or above the county level TCM practice under six months to a year, and be fined between RMB ten thousand yuan and ten thousand yuan; If the circumstances are serious, shall be revoked the certificate of practice.

Article 41 in accordance with the provisions of this law shall, for the record and did not put on record, or for the record to provide false materials, by the competent department of traditional Chinese medicine and the pharmaceutical supervisory and administrative departments shall, according to the division of their respective responsibilities shall be ordered to correct, a fine of less than ten thousand RMB yuan, announced to the public information; If the circumstances are serious, the persons directly responsible shall not engage in activities of traditional Chinese medicine in five years. Not in accordance with the provisions of paragraph 3 of article 22 of the filing preparation of traditional Chinese medicine preparation, and not according to the requirements of the record filing materials indicate the preparation of traditional Chinese medicine preparations, according to the counterfeit drugs.

Article 42 of the tamper with the examination and approval of TCM medical advertising content, canceling the advertisement of the examination and approval by the original examination department documents, one year not accept the application for advertisement examination of the medical institution.

Article 43 in violation of the provisions of this law, personal, property damage, he shall bear civil liabilities according to law; If the case constitutes a crime, shall be investigated for criminal responsibility according to law.

Chapter 8 is attached

Article 44 Chinese medicine management, did not make special provisions in this law, in accordance with the law of the People's Republic of China on medical practitioners law of practice ", the pharmaceutical administration law of the People's Republic of China and other relevant laws and administrative regulations, the provisions of the. The army of the management of traditional Chinese medicine, by the competent department of health and in accordance with this law and relevant regulations, organizing the implementation of army.

Article 45 a national autonomous area may, in accordance with the law of the People's Republic of China on ethnic regional autonomy, and the relevant provisions of this law shall, in combination with the actual, formulate measures to promote the development of the place of traditional Chinese medicine career.

Article 46 for purposes of this law, effective as of February 2nd.

About the law of the People's Republic of China law (draft) of traditional Chinese medicine

First, the necessity of this law is enacted

Chinese medicine is the treasure of the Chinese nation, is the characteristics and advantages of medicine and health care system in our country, is an important part of national medical health. Since the founding of new China, the state attaches great importance to the work of traditional Chinese medicine, insist on equal emphasis on Chinese and western medicine, Chinese medicine career has made remarkable achievements. In 2003 the state council, formulate rules of traditional Chinese medicine, standardization of Chinese medicine to promote business development has played an important role. However, with rapid economic and social development, some new problems and challenges facing development of traditional Chinese medicine, main show is: Chinese medicine service ability is insufficient, features and advantages play enough; Current physician management, drug management system can't completely adapt to the characteristics of traditional Chinese medicine and development needs, some medical skill does expertise personnel can not pass the examination of doctors' qualifications, shrinking varieties of traditional Chinese medicine preparations of medical institutions; Way to cultivate talents of Chinese medicine is a single, lack of talent; Traditional Chinese medicine theory and technical methods of transmission and development face many difficulties.

"The central committee of the communist party of China, the opinions of the state council on deepening the reform of medical health system, and the state council about support and promote the development of the cause of Chinese medicine several opinions (guo fa [2009] no. 22) clear requirements to speed up the legislative work of traditional Chinese medicine, the major has called for a comprehensive method of traditional Chinese medicine. In order to implement the spirit of the CPC central committee and the state council the documents, to solve the existing prominent problems, the original, the department of health under the state council in December 2011 to submit the SongShenGao law (draft) of traditional Chinese medicine. Twice for the legislative affairs office of the central authorities, local people's government and some of the medical institutions, colleges and universities and experts, and solicit opinions from the public. In Beijing, Inner Mongolia, guangdong, guizhou and other places on the nine research; Combing the key problems, a project discussion meeting. On this basis, the legislative affairs office under the state council in conjunction with health and family planning commission, bureau of traditional Chinese medicine and other relevant departments to study, modify repeatedly SongShenGao, formed the traditional Chinese medicine of the People's Republic of China law (draft) "(hereinafter referred to as draft). The draft has been the state council on December 9, 2015 115th executive meeting of discussion and approval.

Second, the general idea of the bill

The draft on the overall train of thought, main mastered the following points: one is follow the rules of TCM itself, establish management system in accordance with TCM characteristics, maintaining and developing the characteristic and the superiority of TCM; 2 it is imperative to meet the requirements of deepening medical and health system reform, to support and promote the development of Chinese medicine, give full play to the role of TCM in medical health care; 3 it is to support and standardize and in promoting the development of traditional Chinese medicine at the same time, pay attention to prevent and control risks and guarantee medical security; Four is relationship with current laws, on the management of the traditional Chinese medicine, professional medical practitioners law and pharmaceutical administration law and other laws have provisions, not repeat hereof, to not only adapt to the characteristics of traditional Chinese medicine and development need to make appropriate adjustments.

Third, the main content of the draft

(a) development services of traditional Chinese medicine, keeping and developing the characteristic and the superiority of TCM. One is to strengthen the construction of service system and the ability of Chinese medicine. Draft regulations, the government should strengthen the Chinese medical service system construction, reasonable planning and configure the service resources, improve service ability; Support traditional Chinese medicine medical institutions run by social forces, equal treatment to the private and public medical institutions of traditional Chinese medicine (article 6, article 7). The second is to further play to the role of the traditional Chinese medicine. Draft regulations, the development of Chinese medicine prevention and health care services, and be included in the basic public health services; Play in dealing with the public health emergency of Chinese medicine and the role of disease control and prevention (article 12). Three is to keep the characteristics of traditional Chinese medicine. The draft regulations, medical institutions of traditional Chinese medicine to give priority to with traditional Chinese medicine professional and technical personnel, mainly provides services of traditional Chinese medicine; Service should be guided by the theory of traditional Chinese medicine of traditional Chinese medicine, the use of technical methods of traditional Chinese medicine, abide by the service the basic requirements of traditional Chinese medicine (article 10, article 11). Four is to strengthen the policy support and assurance. The draft rules, the government provide policy support to the development of traditional Chinese medicine and conditional guarantee; The basic medical insurance payment policy, such as, medicine and health care policy should be giving full play to the advantages of TCM, support the development of Chinese medicine, will be eligible services into fund of insurance of primary medical treatment to pay limits, formulate relevant policy to have the participation of the competent department of traditional Chinese medicine (article 33 and article 34).

(2) to establish conforms to the characteristics and development needs of the traditional Chinese medicine of traditional Chinese medicine doctors, clinics access management system. According to TCM service staff such as educational background, family training way of practice, on the basis of fully considering the medical security risks, the draft to inherited the way of study of traditional Chinese medicine and medicine does expertise personnel after years of practice, has opened up skills through practice and effect assessment of traditional Chinese medicine (TCM) can obtain the way of doctors' qualifications, namely by the provincial department in charge of traditional Chinese medicine according to the security risks of technology and methods of traditional Chinese medicine organization to carry out the classified evaluation, namely for doctors' qualifications assessment is eligible, and can be engaged in medical treatment activity in the form of personal business. At the same time, considering the clinic of traditional Chinese medicine mainly physician sit there listening, asking and, service is simple, not like western medicine medical institutions need to be equipped with corresponding instruments and equipment, the draft will clinic of traditional Chinese medicine by the current license management to put on record. (article 8, article 9)

(3) strengthen supervision and risk prevention and control of medical safety. Current professional medical practitioners law and regulations covering the medical institutions of traditional Chinese medicine service regulation, draft made an adjustment to individual system perfect, the supplementary provisions: in examination of doctors' qualifications, can only be registered in the inspection, within the scope of practice of traditional Chinese medicine health care activity; Clinic of traditional Chinese medicine can only be carried out for the record within the scope of diagnosis and treatment of medical activities, scope and other relevant information and diagnosis and treatment in clinic of apparent position of the public; Departments should strengthen the daily supervision and will make practice as a regulatory focus. (article 8, article 9, article 14)

(4) perfect the regulations for the administration of traditional Chinese medicine, promote the development of traditional Chinese medicine (TCM). The pharmaceutical administration law covers the management of the traditional Chinese medicine (TCM), the draft according to the main problems affecting the development of traditional Chinese medicine (TCM), the supplementary provisions: one is to improve the quality of Chinese medicinal materials. The draft rules, encourage Chinese standardization planting breeding; Set up authentic Chinese herbal medicine evaluation system, supporting the authentic Chinese herbal medicine production base construction; Traditional Chinese medicinal materials acquisition, storage and raw; Organize regular Chinese medicinal materials quality monitoring, monitoring results released (article 15 to article 17). The second is to perfect Chinese medicine yinpian management system. Draft regulations, medical institutions may, according to clinical need, on prescription created no supply on the market of traditional Chinese medicine yinpian, or for Chinese medicine yinpian reprocessing (20). 3 it is to promote the development of Chinese native medicine preparation. Draft regulations, encourage the preparation and use of Chinese medicine preparations of medical institutions, support the application of traditional process preparation of TCM; For only the application of traditional process preparation of TCM varieties and entrust the compound Chinese medicine preparation, by the current license management to put on record; Strengthen the adverse reaction of the record of TCM varieties (22) monitoring and supervision and inspection.

(5) strengthen the talents of Chinese medicine. It is a perfect record of formal schooling education. Draft regulations, the state set up to meet the need of development of Chinese medicine, the appropriate scale, reasonable structure, various forms of traditional Chinese medicine education system, support the implementation of special education of Chinese medicine colleges and universities, the development of vocational schools and other institutions of education (article 23, article 25). The second is to enhance pertinence of talent training. The draft regulations, education of Chinese medicine should follow the rules of talent growth of Chinese medicine, give priority to with content of traditional Chinese medicine, pay attention to the classical theory of traditional Chinese medicine and traditional Chinese medicine clinical practice, combining modern education and traditional education mode (article 24). Three is to encourage to learn education of Chinese medicine. Draft regulations, encourage the doctor of traditional Chinese medicine and Chinese medicine technical personnel in the practice, business activities DaiTu knowledge, broaden the education way (26).

In addition, the draft also provides support for inheritance of traditional Chinese medicine innovation, to promote and standardize the TCM culture dissemination and legal responsibility, and professional medical practitioners law and drugadministration law made a connection. (the fifth chapter, chapter 7, article 44)