Authoritative Interpretation: Milestone in the Development of Traditional Chinese Medicine
Legislative Background, Significance and Highlights of Traditional Chinese Medicine

Time: 2016-12-25

Source: China National People 's Congress

  On December 25, 2016, the Twenty-fifth Meeting of the Twelfth NPC Standing Committee examined and approved the Law of the People's Republic of China on Traditional Chinese Medicine. This is a milestone in the history of Chinese medicine development event, will have far-reaching domestic and international influence.

Legislative background and significance

  Chinese medicine is a treasure of the Chinese nation, China's medical and health system is the characteristics and advantages of the national medical and health an important part of the cause. Since the founding of new China, the party and the state attaches great importance to the work of Chinese medicine, adhere to both Chinese and Western medicine, Chinese medicine has made remarkable achievements. In 2003, the Regulations on Traditional Chinese Medicine formulated by the State Council played an important role in promoting and standardizing the development of Chinese medicine. However, with the rapid economic and social development, the development of Chinese medicine is facing some new problems, mainly as follows: lack of capacity of traditional Chinese medicine services, characteristics and advantages of inadequate play; the current physician management, drug management system can not fully adapt to traditional Chinese medicine characteristics and Development needs, a number of medical professionals do have expertise can not pass the examination to obtain the qualifications of doctors, medical institutions, traditional Chinese medicine varieties shrinking significantly; Chinese herbal medicine cultivation of non-standard, affecting the quality of traditional Chinese medicine; Chinese medicine personnel training a single way, lack of talent; And technical methods of inheritance, carry forward face many difficulties. The Chinese medicine profession has been calling for a more comprehensive Chinese medicine law, almost every year two NPC deputies, the CPPCC National Committee members proposed the development of Chinese medicine law motion, proposals and recommendations. In order to further protect and promote the development of Chinese medicine, in 2008 the Eleventh National People's Congress Standing Committee will be included in the legislative plan of Chinese medicine. 2009, "the CPC Central Committee and State Council on deepening the views of medical and health system reform" clearly requires legislation to speed up the work of Chinese medicine. December 2011 the Ministry of Health submitted to the State Council draft of Chinese medicine (draft), in December 2015 the State Council draft law will be submitted to the NPC Standing Committee for deliberation. The Standing Committee of the National People's Congress in December 2015 and August 2016, December three times after the adoption of the Chinese medicine law.

  Chinese medicine through the development of Chinese medicine has a milestone in the important significance. Chinese medicine for the first time from the legal level clearly the importance of Chinese medicine, the development of guidelines and support measures for the development of Chinese medicine to provide a legal guarantee. Chinese medicine for the characteristics of Chinese medicine itself, reform and improve the Chinese medicine practitioners, clinics and traditional Chinese medicine and other management systems, is conducive to maintaining and exerting the characteristics and advantages of Chinese medicine to promote the development of Chinese medicine. At the same time, the traditional Chinese medicine law on the existing problems in practice made targeted provisions, is conducive to regulating the behavior of Chinese medicine practitioners to ensure the safety of medical and traditional Chinese medicine quality. In addition, the introduction of Chinese medicine is conducive to enhancing the global influence of Chinese medicine, in solving health problems, for the world to provide Chinese programs, the Chinese sample, to solve the world's medical reform difficult to make China's unique contribution. Under the protection and promotion of a series of policy documents such as the Chinese Medicine Law and the Outline of the Strategic Plan for the Development of Chinese Medicine (2016-2030), as General Secretary Xi Jinping mentioned in his congratulatory letter to the Chinese Academy of Traditional Chinese Medicine last year, Pharmaceutical revitalization usher in weather, geography, and the good opportunity. "

  Legislative ideas and highlights

  Legislation of Chinese medicine to follow the general idea: First, the implementation of the CPC Central Committee on the development of Chinese medicine principles and policies, implementing General Secretary Xi Jinping at the National Health and Health Conference speech, follow the development of Chinese medicine, established in line with the characteristics of Chinese medicine Management system, and maintain and play the characteristics and advantages of Chinese medicine; Second, adhere to both support and norms, and vigorously support the development of Chinese medicine, give full play to the role of Chinese medicine in the medical and health services, and further regulate the behavior of Chinese medicine practitioners, Medical security and the quality of Chinese medicine; Third, deal with the practice of physician law, drug administration law and other laws, the existing laws have been provided, not repeat requirements.

  Traditional Chinese Medicine Law Chapter 9 Chapter 63, there are five highlights:

First, clear the important position of Chinese medicine and the development of principles. First, clear "Chinese medicine" is including the Han and ethnic minorities, including medicine, medicine of all nationalities collectively, the cause of Chinese medicine is an important part of China's medical and health undertakings. Second, clear the country to vigorously develop the cause of Chinese medicine, the implementation of both Chinese and Western medicine approach, the establishment of characteristics in line with the management system of Chinese medicine. Third, a clear development of Chinese medicine should follow the development of Chinese medicine, adhere to the inheritance and innovation combine to maintain and play the characteristics and advantages of Chinese medicine. Fourth, it is clear that the state encourages Chinese medicine practitioners to learn from each other, complement each other, coordinate development, give full play to their respective advantages, and promote the integration of Chinese and Western medicine.

  Second, the establishment of characteristics in line with the management system of Chinese medicine. Chinese medicine has distinct characteristics and advantages, in many ways different from Western medicine, for example, the presence of Chinese medicine practitioners and other training methods, Chinese medicine clinics mainly physicians Zuotangwangqie cut, the service is simple, unlike Western medical institutions need to equip the appropriate equipment . The Chinese medicine law fully takes into account the characteristics and development needs of Chinese medicine, the practitioner physician law, drug administration law, medical institutions, regulations and other management system reform and improvement: First, reform and improve the physician qualification management system, Chinese medicine practitioners and after years of practice, the medical expertise of the staff, the practical skills and effectiveness of examination can be qualified qualified Chinese medicine practitioners. Second, reform and improve the access system of Chinese medicine clinics, Chinese medicine clinics from the license management to record management. The third is to allow medical institutions based on clinical needs, with the prescription concocted on the market there is no supply of Chinese medicine Pieces, or re-processing of Chinese medicine Pieces. Fourth, the application of traditional technology only preparation of traditional Chinese medicine preparation varieties and commissioned the preparation of traditional Chinese medicine preparations, from the current license management to record management. Fifth, a clear production in line with national conditions from the ancient classical name of the prescriptions of traditional Chinese medicine preparations, the application for drug approval number, you can only provide non-clinical safety research information.

  Third, increase support for the cause of Chinese medicine. By the end of 2014, there were 3732 Chinese medicine hospitals (including traditional Chinese medicine, integrated traditional Chinese and western medicine, and national medicine hospitals), and the number of Chinese medicine practitioners was increasing by the end of 2014. In addition, the Chinese medicine practitioners' Class hospital beds 75.5 million, Chinese medicine practitioners (assistant) doctors 39.8 million people, in 2014 the total number of medical treatment of traditional Chinese medicine hospitals 531 million. Chinese medicine production enterprises reached 3813, Chinese medicine industrial output value 730.2 billion yuan. Chinese medicine in common diseases, frequently-occurring disease, chronic diseases and difficult illnesses, the role of prevention and treatment of major infectious diseases have been further demonstrated. However, compared with the people's demand for Chinese medicine services, the total amount of Chinese medicine resources is still insufficient, Chinese medicine service capacity is still weak. To this end, the Chinese medicine to further increase the support of the cause of Chinese medicine: First, clear the county government should be above the Chinese medicine into the national economic and social development planning, establish and improve the management system of Chinese medicine, Chinese medicine development funds Into the financial budget for the development of Chinese medicine to provide policy support and conditions of protection, to promote the development of Chinese medicine. Second, a clear government above the county level should be the construction of Chinese medical institutions into medical institutions set up planning, the scale of appropriate Chinese medical institutions, to support the characteristics and advantages of Chinese medicine development of medical institutions. Third, it is reasonable to determine the fees and standards of Chinese medical services, reflecting the cost of traditional Chinese medical services and professional and technical value. Fourth, clear that the relevant departments should be in accordance with state regulations, will meet the conditions of Chinese medical institutions in medical insurance designated institutions, will meet the conditions of Chinese medicine projects into Medicare payment range. Fifth, the development of Chinese medicine education, strengthen the training of Chinese medicine personnel, increase the scientific research and heritage of traditional Chinese medicine to support innovation and promote the spread of Chinese medicine and application of culture. Sixth, the development of traditional Chinese medicine health care services, social forces to support the norms of traditional Chinese medicine health care institutions. Seven is to make clear the state to take measures to increase the ethnic minority medical heritage innovation, application development and personnel training to support efforts to strengthen the ethnic minority medical institutions and physicians team building; national autonomous areas can be combined with reality, to promote the development and norms of the local  ethnic minorities The development of pharmaceutical industry approach.

  Fourth, to strengthen the traditional Chinese medicine and traditional Chinese medicine production and management supervision. In view of the problems of non-standard service, false propaganda and declining quality of Chinese herbal medicine in the traditional Chinese medicine industry, the Chinese Medicine Law insisted on both supporting and standardizing, further standardizing the behavior of Chinese medicine  practitioners, ensuring medical safety and improving the quality of Chinese medicine: The medical service shall meet the basic requirements of the Chinese medicine service. The publication of the Chinese medical advertisement shall be subject to examination and approval, and the content of the publication shall conform to the content approved. The second is to make clear the technical specifications and standards for the cultivation, collection, storage and initial processing of Chinese herbal medicines, and to strengthen the quality supervision and management of the whole process of production and circulation of Chinese herbal medicines to ensure the quality and safety of Chinese herbal medicines. The third is to strengthen the quality monitoring of Chinese herbal medicines, the establishment of traceability system of Chinese herbal medicine circulation and purchase inspection records system. Fourth, encourage the development of standardized cultivation of Chinese herbal medicines, strict management of pesticides, fertilizers and other agricultural inputs use, prohibit the use of highly toxic, highly toxic pesticides. Fifth, strengthen the medical institutions processing concocted Chinese medicine, preparation of Chinese medicine preparation supervision.

  Fifth, increase the punishment for violations of traditional Chinese medicine efforts. First, the provisions of Chinese medicine clinics, Chinese medicine practitioners over the scope of practice, the circumstances are serious, and ordered to stop practicing activities, revocation of practicing certificate. Second, the provisions of the Chinese medicine clinics, concocted Chinese medicine Pieces, the preparation of the preparation of Chinese medicine should be entrusted to the preparation of the record without filing, or to provide false materials, ordered to correct, refused to correct, ordered to stop practicing or ordered to stop processing Pieces of Chinese medicine, Chinese medicine preparation activities, the direct responsibility of staff shall not engage in Chinese medicine within five years of related activities. Third, the provisions of traditional Chinese medicine preparation of traditional Chinese medicine preparation process fails to legally record, or not in accordance with the requirements set forth in the record material preparation of Chinese medicine preparations, according to the production of fake drugs to give punishment. Fourth, the provisions of the release of Chinese medical advertising content and review and approval of the content does not match, to revoke the approval of the ad approval documents, within one year of the medical institutions do not accept the application for review of the ad. Fifth, the provisions of the cultivation of Chinese herbal medicines in the process of using highly toxic, highly toxic pesticides, in accordance with relevant laws and regulations shall be punished; the circumstances are serious, can be more than five days 15 days detention.

  (The author is the deputy director of the Administrative Law Department of the Legislative Affairs Committee of the Standing Committee of the National People's Congress)

  Copyright is the original author