Law of the People's Republic of China on Traditional Chinese Medicine
Law of the People's Republic of China on Traditional Chinese Medicine
Law of the People's Republic of China on Traditional Chinese Medicine
Order of the President of the People's Republic of China No. 59
December 25, 2016
The Law of the People's Republic of China on Traditional Chinese Medicine, as adopted at the 25th Session of the Standing Committee of the 12th National People's Congress on December 25, 2016, is hereby issued and shall come into force as of June 1, 2017.
President of the People's Republic of China: Xi Jinping
Law of the People's Republic of China on Traditional Chinese Medicine
(Adopted at the 25th Session of the Standing Committee of the 12th National People's Congress on December 25, 2016)
Contents
Chapter I General Provisions
Chapter II TCM Services
Chapter III Protection and Development of CHMs
Chapter IV Training of TCM Personnel
Chapter V Scientific Research on TCM
Chapter VI Inheritance and Cultural Communication of TCM
Chapter VII Safeguard Measures
Chapter VIII Legal Liability
Chapter IX Supplementary Provisions
Chapter I General Provisions
Article 1 The Law of the People's Republic of China on Traditional Chinese Medicine (hereinafter referred to as the "Law") is formulated in order to inherit and carry forward traditional Chinese medicine (TCM), ensure and promote the development of TCM undertaking and protect the health of the people.
Article 2 For the purpose of the Law, TCM refers to the general designation of medicines of all ethnicities in China, including those of Han and minority ethnicities, which reflects the understanding of the Chinese nation on life, health and diseases, and is a medicine and pharmacology system with long historical traditions and unique theories and technical methods.
Article 3 The TCM undertaking is an important part of China's medicine and health undertakings. The State exerts great efforts to develop the TCM undertaking, follows the principle of attaching equal importance to TCM and Western medicine (WM), and brings the role of TCM in the development of China's medicine and health undertakings into full play.
To develop the TCM undertaking, we shall comply with the rules of TCM development, adhere to combining inheritance with innovation, maintain and give play to the characteristics and advantages of TCM, apply modern science and technology, and promote the development of TCM theories and practice.
The State encourages the mutual learning and supplementation between TCM and WM, the coordinated development of them and the application of their respective advantages, to promote the integration between TCM and WM.
Article 4 People's governments at the county level or above shall incorporate the TCM undertaking into their national economic and social development plans, establish and improve the TCM management system, and advance the development of the TCM undertaking under overall planning.
Article 5 The competent TCM department under the State Council shall take charge of TCM administration nationwide. Other relevant departments under the State Council shall, within the scope of their respective responsibilities, take charge of the affairs in connection with TCM administration.
The competent TCM departments under the local people's governments at the county level or above shall take charge of the TCM administration within their respective administrative regions. Other relevant departments under the local people's government at the county level or above shall, within the scope of their respective responsibilities, take charge of the affairs in connection with TCM administration.
Article 6 The State will strengthen the building of a TCM service system, reasonably make plans for and allocate TCM service resources, and provide a guarantee for citizens' access to TCM services.
The State supports private capitals to invest in the TCM undertaking, as well as organizations and individuals to donate to and fund the TCM undertaking.
Article 7 The State will develop TCM education, establish a system of TCM education that complies with the requirements of the development of the TCM undertaking and has proper scale, reasonable structure and diverse forms to cultivate TCM talents.
Article 8 The State supports TCM scientific research and technological development, encourages innovation in TCM science and technology, promotes the application of achievements in TCM science and technology, protects TCM intellectual property rights, and improves the level of TCM science and technology.
Article 9 The State supports foreign exchange and cooperation in regard to TCM to promote the dissemination and application of TCM internationally.
Article 10 Commendation, honors or awards shall be granted to organizations and individuals which make outstanding contributions to the development of the TCM undertaking in accordance with the relevant national provisions.
Chapter II TCM Services
Article 11 People's governments at the county level or above shall incorporate the building of TCM medical institutions into the planning related to the establishment of medical institutions, set up TCM medical institutions of proper scale, and support the development of medical institutions with TCM characteristics and advantages.
For merging or canceling a TCM medical institution sponsored by the government or changing its TCM nature, opinions shall be sought from the competent TCM department under the people's government at the next higher level.
Article 12 General hospitals, maternity and childcare institutions, as well as qualified specialized hospitals, community health service centers and township health institutions sponsored by the government shall set up a TCM department.
People's governments at the county level or above shall take measures to enhance the ability of community health service centers and village health clinics to provide TCM services.
Article 13 The State supports the establishment of TCM medical institutions with private capital.
TCM medical institutions established with private capital are entitled to identical rights as the TCM medical institutions sponsored by the government in respect of access, practice, basic medical insurance, scientific research and teaching, and medical personnel title assessment.
Article 14 The establishment of a TCM medical institution shall, according to the national provisions on the administration of medical institutions, be subject to examination and approval procedures and the provisions concerning the administration of medical institutions.
For the establishment of a TCM clinic, the clinic may carry out practicing activities after reporting its name, address, scope of diagnosis and treatment, and staffing to the competent TCM department under the people's government at the county level of the place where the clinic is located for filing.
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Order of the President of the People's Republic of China No. 59
December 25, 2016
The Law of the People's Republic of China on Traditional Chinese Medicine, as adopted at the 25th Session of the Standing Committee of the 12th National People's Congress on December 25, 2016, is hereby issued and shall come into force as of June 1, 2017.
President of the People's Republic of China: Xi Jinping
Law of the People's Republic of China on Traditional Chinese Medicine
(Adopted at the 25th Session of the Standing Committee of the 12th National People's Congress on December 25, 2016)
Contents
Chapter I General Provisions
Chapter II TCM Services
Chapter III Protection and Development of CHMs
Chapter IV Training of TCM Personnel
Chapter V Scientific Research on TCM
Chapter VI Inheritance and Cultural Communication of TCM
Chapter VII Safeguard Measures
Chapter VIII Legal Liability
Chapter IX Supplementary Provisions
Chapter I General Provisions
Article 1 The Law of the People's Republic of China on Traditional Chinese Medicine (hereinafter referred to as the "Law") is formulated in order to inherit and carry forward traditional Chinese medicine (TCM), ensure and promote the development of TCM undertaking and protect the health of the people.
Article 2 For the purpose of the Law, TCM refers to the general designation of medicines of all ethnicities in China, including those of Han and minority ethnicities, which reflects the understanding of the Chinese nation on life, health and diseases, and is a medicine and pharmacology system with long historical traditions and unique theories and technical methods.
Article 3 The TCM undertaking is an important part of China's medicine and health undertakings. The State exerts great efforts to develop the TCM undertaking, follows the principle of attaching equal importance to TCM and Western medicine (WM), and brings the role of TCM in the development of China's medicine and health undertakings into full play.
To develop the TCM undertaking, we shall comply with the rules of TCM development, adhere to combining inheritance with innovation, maintain and give play to the characteristics and advantages of TCM, apply modern science and technology, and promote the development of TCM theories and practice.
The State encourages the mutual learning and supplementation between TCM and WM, the coordinated development of them and the application of their respective advantages, to promote the integration between TCM and WM.
Article 4 People's governments at the county level or above shall incorporate the TCM undertaking into their national economic and social development plans, establish and improve the TCM management system, and advance the development of the TCM undertaking under overall planning.
Article 5 The competent TCM department under the State Council shall take charge of TCM administration nationwide. Other relevant departments under the State Council shall, within the scope of their respective responsibilities, take charge of the affairs in connection with TCM administration.
The competent TCM departments under the local people's governments at the county level or above shall take charge of the TCM administration within their respective administrative regions. Other relevant departments under the local people's government at the county level or above shall, within the scope of their respective responsibilities, take charge of the affairs in connection with TCM administration.
Article 6 The State will strengthen the building of a TCM service system, reasonably make plans for and allocate TCM service resources, and provide a guarantee for citizens' access to TCM services.
The State supports private capitals to invest in the TCM undertaking, as well as organizations and individuals to donate to and fund the TCM undertaking.
Article 7 The State will develop TCM education, establish a system of TCM education that complies with the requirements of the development of the TCM undertaking and has proper scale, reasonable structure and diverse forms to cultivate TCM talents.
Article 8 The State supports TCM scientific research and technological development, encourages innovation in TCM science and technology, promotes the application of achievements in TCM science and technology, protects TCM intellectual property rights, and improves the level of TCM science and technology.
Article 9 The State supports foreign exchange and cooperation in regard to TCM to promote the dissemination and application of TCM internationally.
Article 10 Commendation, honors or awards shall be granted to organizations and individuals which make outstanding contributions to the development of the TCM undertaking in accordance with the relevant national provisions.
Chapter II TCM Services
Article 11 People's governments at the county level or above shall incorporate the building of TCM medical institutions into the planning related to the establishment of medical institutions, set up TCM medical institutions of proper scale, and support the development of medical institutions with TCM characteristics and advantages.
For merging or canceling a TCM medical institution sponsored by the government or changing its TCM nature, opinions shall be sought from the competent TCM department under the people's government at the next higher level.
Article 12 General hospitals, maternity and childcare institutions, as well as qualified specialized hospitals, community health service centers and township health institutions sponsored by the government shall set up a TCM department.
People's governments at the county level or above shall take measures to enhance the ability of community health service centers and village health clinics to provide TCM services.
Article 13 The State supports the establishment of TCM medical institutions with private capital.
TCM medical institutions established with private capital are entitled to identical rights as the TCM medical institutions sponsored by the government in respect of access, practice, basic medical insurance, scientific research and teaching, and medical personnel title assessment.
Article 14 The establishment of a TCM medical institution shall, according to the national provisions on the administration of medical institutions, be subject to examination and approval procedures and the provisions concerning the administration of medical institutions.
For the establishment of a TCM clinic, the clinic may carry out practicing activities after reporting its name, address, scope of diagnosis and treatment, and staffing to the competent TCM department under the people's government at the county level of the place where the clinic is located for filing.
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