Regulations of the People’s Republic of China on Traditional Chinese Medicine

(chinadaily.com.cn)

Updated: 2014-06-18

 Article 32 Where, in violation of the provisions of these Regulations, an institution of traditional Chinese medicine comes under any of the following circumstances, the department responsible for administration of traditional Chinese medicine of the local people’s government at or above the county level shall order it to make corrections within a specified time limit; if it fails to do so, the said department shall order it to suspend its business for rectification, or the original examining and approving authority even may revoke its license for the medical institution or disqualify it as a designated medical institution for the basic medical insurance of urban staff and workers, and the person in charge bearing responsibility and other persons directly responsible therefor shall be concurrently given a disciplinary sanction according to law: (1) failing to meet the standards for establishment of institutions of traditional Chinese medicine; or (2) failing to provide basic medical service as required to individuals with insurance after having obtained the qualification as a designated medical institution for the basic medical insurance of urban staff and workers.

Article 33 Anyone who establishes an institution of traditional Chinese medicine without approval, or practices traditional Chinese medicine without passing the examination for the qualification of a licensed doctor or a licensed assistant doctor and obtaining a license as required, shall be penalized according to the relevant provisions of the Law of the People’s Republic of China on Licensed Doctors and the Regulations on Administration of Medical Institutions.

Article 34 Where, in violation of the provisions of these Regulations, a traditional Chinese medicine educational institution comes under any of the following circumstances, the department responsible for administration of traditional Chinese medicine of the local people’s government at or above the county level shall order it to make corrections within a specified time limit; if it fails to do so, the original examining and approving authority shall dissolve it: (1) failing to meet the prescribed standards for establishment; or (2) failing to establish a clinical teaching base that meets the prescribed standards. Article 35 Anyone who, in violation of the provisions of these Regulations, causes heavy loss of the resources of traditional Chinese medicine or divulgence of the State secrets of science and technology, if the circumstances are serious and the act constitutes a crime, shall be investigated for criminal liability according to law; if the act is not serious enough for criminal punishment, the department responsible for administration of traditional Chinese medicine of the local people’s government at or above the county level shall order it to make corrections and the person in charge bearing responsibility and other persons directly responsible therefor shall be given a disciplinary sanction according to law.

Article 36 Where, in violation of the provisions of these Regulations, anyone damages or destroys the literature of traditional Chinese medicine, the department responsible for administration of traditional Chinese medicine of the local people’s government at or above the county level shall order it to make corrections, and the person in charge bearing responsibility and other persons directly responsible therefor shall be given a disciplinary sanction according to law; anyone who damages or destroys the literature of traditional Chinese medicine which is classed as cultural relics under national protection, if the circumstances are serious and the act constitutes a crime, shall be investigated for criminal liability according to law.