Regulations on the development of traditional Chinese medicine in Shanghai

Universal online school on nov 15, 2018

Regulations on the development of traditional Chinese medicine in Shanghai

Article 1 these regulations are formulated in accordance with the relevant laws and administrative regulations and in the light of the actual situation of this city in order to inherit and develop the undertakings of traditional Chinese medicine, give play to the role of traditional Chinese medicine in medical and health work, and adapt to the needs of the people's medical and health care.

Article 2 these regulations shall be applicable to the medical treatment, education, scientific research and other activities within the administrative area of this municipality.

Article 3 the development of enterprise must carry out the principle of equal emphasis on Chinese and western medicine of traditional Chinese medicine, adhere to the combination of Chinese and western medicine, unity, relying on the Chinese and western medicine, correctly handle the relationship between inheritance and innovation, carry forward the traditional Chinese medicine characteristics and advantages, based on innovation, using the modern science and technology, promote the traditional Chinese medicine (TCM) modernization and internationalization, service for people's health.

Article 4 the people's governments of cities, districts and counties shall incorporate the development of traditional Chinese medicine in their plans for national economic and social development, and take corresponding measures to provide necessary conditions and guarantees for the development of traditional Chinese medicine.

Article 5 the municipal department of health administration shall be the department in charge of the work of traditional Chinese medicine in this municipality. The district and county health administrative departments shall be responsible for the work of traditional Chinese medicine within their respective administrative areas.

Administrative departments at all levels, including planning, finance, personnel, medicine, science and technology, and education, shall cooperate to develop traditional Chinese medicine according to their respective responsibilities.

Article 6 the municipal, district and county health administrative departments shall incorporate the construction of TCM medical institutions into the regional health planning. There shall be no less than one independent Chinese medicine hospital or Chinese medicine clinic set up by the government within the administrative region of each district or county.

General hospitals should open TCM departments and set up TCM beds. Qualified medical institutions should provide emergency medical treatment.

The district hospitals and the township (town) hospitals shall carry out the medical practice activities of traditional Chinese medicine. Village clinics should use traditional Chinese medicine to prevent and treat common and frequently occurring diseases.

Article 7 the establishment, cancellation or merger of traditional Chinese medicine medical institutions shall go through examination and approval procedures with the municipal, district and county administrative departments of public health according to the relevant provisions of the state and this municipality on the administration of medical institutions. Among them, cancel, amalgamative Chinese medicine hospital, must classics city health administration branch approves.

No unit or individual may engage in medical practice of traditional Chinese medicine without approval by the municipal department of health administration.

Article 8 TCM personnel, business rooms and medical equipment provided by TCM medical institutions shall meet the standards of the state and this municipality.

If other medical institutions carry out TCM medical practice activities, they shall employ corresponding TCM medical personnel.

If the TCM department of a TCM institution or other medical institution carries out clinical and inpatient treatment activities, the rate of its TCM treatment shall conform to the standards prescribed by the state.

Article 9 the municipal, district and county people's governments shall gradually increase the funds allocated for the undertakings of traditional Chinese medicine. The increase rate of fund for Chinese medicine should be higher than that for health care.

The municipal, district and county people's governments shall arrange special funds for the development of traditional Chinese medicine to support traditional Chinese medicine, education,

Key projects of scientific research and industrialization of scientific and technological achievements.

The fund for the undertakings of traditional Chinese medicine and the special fund for the development of traditional Chinese medicine must be specially appropriated and subject to the supervision of financial and auditing departments.

Article 10 this municipality encourages enterprises and institutions and people from all walks of life, both at home and abroad to subsidize the development of traditional Chinese medicine in various forms.

Article 11 the medical treatment of traditional Chinese medicine, education and scientific research institutions shall inherit and carry forward the characteristics and advantages of traditional Chinese medicine, explore and popularize the TCM diagnosis and treatment technology with unique curative effect, and improve the academic level of traditional Chinese medicine and the capacity of comprehensive medical services.

In respect of the projects identified by the state and municipal administrative departments of public health as featured traditional Chinese medicine and integrated traditional and western medicine, and special diseases, the administrative departments of public health shall give priority to supporting measures in the establishment of medical places, the allocation of medical personnel, the input of funds, the purchase of equipment, and the appointment of designated medical institutions.

Article 12 this city shall encourage the personnel of western medicine to learn and apply the theories of traditional Chinese medicine and the diagnosis and treatment techniques of traditional Chinese medicine, encourage the personnel of Chinese medicine and western medicine to learn and apply modern science and technology, encourage the personnel of Chinese and western medicine to jointly study the theories of combination of Chinese and western medicine and the diagnosis and treatment techniques, and promote the development of medical science.

Article 13 institutions of higher learning of traditional Chinese medicine shall strengthen the basic theory of traditional Chinese medicine education, attach importance to the teaching of the clinical experience of traditional Chinese medicine and the theory of modern medicine, and improve the professional level of traditional Chinese medicine and modern medicine knowledge of students. Other medical colleges and universities should set up courses on basic theory and basic skills of traditional Chinese medicine.

Medical institutions of higher learning and relevant scientific research institutes shall in a planned way cultivate graduate students of traditional Chinese medicine and integrated Chinese and western medicine.

Article 14 the municipal, district and county people's governments and the relevant departments shall take measures to stabilize and develop the professional technical teams of traditional Chinese medicine.

Health administrative departments and medical institutions should pay attention to the cultivation of academic leaders of traditional Chinese medicine and the operational backbone of young and middle-aged people, formulate training plans and organize their implementation.

Medical institutions shall organize and support in-service Chinese medicine personnel to participate in in-service training approved by the health administration department and continue to receive education.

Article 15 the whole society shall respect and protect famous TCM experts. Relevant units and departments shall adopt special measures to sum up and inherit the academic thoughts and clinical experience of famous TCM experts.

The health administrative department shall organize and carry out the inheriting academic experience of TCM experts to inherit education, and provide necessary conditions for the inheriting of education.

The specific implementation method of education shall be separately formulated by the municipal public health administrative department together with the municipal personnel administrative department.

Article 16 education, a non-academic Chinese medicine practitioner who conducts social recruitment, shall be examined and approved by the administrative department of health and reported to the administrative department of education for examination and approval.

Article 17 the whole society should attach importance to and support the collection, collation, translation and publication of TCM documents.

The administrative departments of public health shall take measures to implement the funds and support the publication of works on traditional Chinese medicine of high academic value.

Article 18 people's governments at all levels and relevant departments shall adopt safeguards to strengthen the construction of leading TCM disciplines in this municipality, support units and individuals to carry out research on TCM theories and clinical practices, do a good job in the development of new TCM technologies, and promote the development of high-tech TCM industries.

Scientific research institutes, medical institutions, medical institutions and pharmaceutical producing enterprises shall apply modern science and technology to carry out research on the prevention and treatment of common diseases, frequent diseases and difficult diseases, the development of traditional Chinese medicine prescription and compound prescription and the reform of traditional Chinese medicine dosage form.

The city shall protect the intellectual property rights of TCM and the legitimate rights and interests of TCM workers in accordance with law.

Article 19 academic organizations of traditional Chinese medicine shall carry out academic exchanges of traditional Chinese medicine in a planned way, organize consultation services of traditional Chinese medicine, publicize knowledge of traditional Chinese medicine, organize or assist personnel of traditional Chinese medicine to carry out on-the-job training and continue to education.

Article 20 this city shall encourage TCM medical treatment, education, scientific research institutions and medical personnel to carry out TCM cooperation and exchange between countries and regions in various forms, absorb and apply new and high technologies to carry out TCM research, and promote the development of TCM products and the industrialization of scientific and technological achievements.

Article 21 the municipal administrative department of public health and the municipal administrative department of social medical insurance shall list qualified traditional Chinese medical institutions as agreed medical institutions for public expenses, labor insurance and social medical insurance services.

Patients go to a traditional Chinese medical institution for medical treatment, and the medical expenses incurred shall be settled in accordance with the relevant provisions of public medical treatment, labor insurance and social medical insurance.

Article 22 for the evaluation and appraisal of the following items, special Chinese medicine evaluation and appraisal agencies shall be established or a certain proportion of Chinese medicine experts shall be arranged to participate:

(1) evaluation of qualifications for professional technical positions in Chinese medicine;

(2) review of Chinese medical treatment and scientific research institutions;

(3) establishment and appraisal of scientific research projects of traditional Chinese medicine;

(4) identification of medical malpractice in Chinese medicine;

Other items as prescribed by the municipal administrative department of public health.

Article 23 the municipal, district and county people's governments and the relevant departments shall commend and reward the following units and individuals:

(1) having outstanding achievements in carrying out TCM medical treatment, education, scientific research and management;

(2) donating valuable literature of traditional Chinese medicine or prescriptions with unique curative effects, as well as TCM diagnosis and treatment techniques;

(3) making other outstanding contributions to the development of traditional Chinese medicine.

Article 24 those who, in violation of the provisions of article 6 of these regulations, fail to set up Chinese medical institutions, departments of traditional Chinese medicine, hospital beds of traditional Chinese medicine or carry out Chinese medical practice according to the provisions, shall be ordered by the administrative department of public health or the people's government to make corrections within a time limit and may be given a notice of criticism.

In case of violation of the provisions of paragraph 1 of article 7 of these regulations and the cancellation or merger of Chinese medical institutions without approval, the administrative department of public health or the people's government shall order the rectification within a specified time limit and may issue a circular for criticism.

Article 25 whoever, in violation of the provisions of paragraph 2 of article 7 of these regulations, arbitrarily engages in medical practice of traditional Chinese medicine shall be punished by the municipal, district or county health administrative department in accordance with the relevant provisions of the regulations on the administration of medical institutions under the state council.

In violation of the provisions of article 16 of these regulations, education shall be punished by the administrative department of education for holding non-academic Chinese medicine education for social recruitment without the examination and approval of the administrative department of health and education.

Article 26 whoever, in violation of the provisions of article 9, paragraph 3, of these regulations, intercepts or misappropriates funds for the undertakings of traditional Chinese medicine or develops special funds for traditional Chinese medicine shall be ordered by the competent department at the higher level to return them within a time limit, and the person directly responsible shall be given administrative sanctions according to law. If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 27 any staff member of a public health administrative department who neglects his duty, abuses his power or engages in malpractices for personal gain shall be subject to administrative sanctions by the unit to which he belongs or by the competent department at a higher level. If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 28 these regulations shall come into force as of November 1, 1998.