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Laws of the People's Republic of China |
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| Category | PUBLIC HEALTH AND MEDICINE | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1987-11-28 | Effective Date | 1987-11-28 |
|
Measures for the Control of Narcotic Drugs |
|---|
Article 1 These Measures are formulated in accordance with the Medicine
Administration Law of the People's Republic of China, for the purpose of
tightening control over narcotic drugs so as to ensure their safe use in
medical treatment units, medical colleges and medical research institutions.
Article 2 Narcotic drugs refer to those drugs that may cause dependence
and addiction after continuous administration.
Article 3 Narcotic drugs include opium, cocaine, marijuana, synthetic
anaesthetic drugs and those defined by the Ministry of Public Health as
addict-forming drugs, anaesthetic raw herbs and the products made from them.
Article 4 The State shall strictly supervise and control the cultivation Article 5 The units that cultivate mother plants of narcotics must be The units that produce narcotic drugs must be examined and approved Article 6 The annual cultivation plan for mother plants of narcotics Article 7 Narcotic drugs must be brought under strict quality control. Article 8 Before the development of any new kind of narcotic drugs, the Article 9 Narcotic drugs shall be provided in a planned way according to A national supply plan of narcotic drugs shall be drawn by a department Article 10 The plan for the setting up of a trading unit of narcotic Article 11 Poppy capsules used for medical purposes shall be supplied by Article 12 A trading unit of narcotic drugs must have a special Article 13 A permit for domestic consignment issued by the Ministry of Permit for domestic transportation of such drugs shall be printed solely Article 14 When consigning narcotic drugs or poppy capsules (not Article 15 The freighter unit must tighten control over the shipment of Article 16 In the event that any of the narcotic drugs or poppy capsules Article 17 The import and export of narcotic drugs shall be handled by No other units shall be allowed to engage in the business. The annual plan Article 18 The import of narcotic drugs needed in medical treatment Article 19 The export of narcotic drugs must be verified and approved by Article 20 Import and export licenses for narcotic drugs shall be printed Article 21 Narcotic drugs shall only be used for medical treatment, in When the medical colleges or scientific research institutions are in need The Ministry of Public Health is the authority to make out the grading Article 22 Narcotic consuming unit must fill out an application form for Article 23 The unit in need of narcotic drugs can either purchase them Article 24 Preparations that fall under the catagory of narcotic drugs Article 25 The medical worker who prescribes any anaesthetics for the The surgeon at the induced abortion ward who is tested to have been able Article 26 Dosage for injection in each prescription must not exceed two Article 27 In the case of a patient in serious conditions who is Article 28 Medical treatment units are required to tighten control over The prescriptions must be kept on file for a period of three years. The Article 29 In the event of an emergency case which is in need of narcotic Article 30 Anyone who, in violation of these Measures, commits any of the (1) to engage in the production of narcotic drugs or to change the (2) to engage in unauthorized trading business of narcotic drugs and poppy (3) to supply or oversupply narcotics to any unit or person that (4) to prepare and sell any form of narcotic drugs without authorization; (5) to engage in unauthorized import or export of narcotic drugs; (6) to apply any new kind of narcotic drugs to patients clinically Article 31 Those who have taken advantage of their professional work by Article 32 Those who, in violation of these Measures, cultivate poppy Article 33 With respect to any one who produces, transports or sells Article 34 A party who is dissatisfied with the decision on an Article 35 The specific administration rules for the supply and use of Article 36 The specific administration rules for the supply and use of Article 37 The rules for the implementation of these Measures shall be Article 38 These Measures shall go into effect as of the date of
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of the mother plants of narcotics and the production, supply, export and
import of narcotic drugs. Narcotic drugs shall not be used except for the
purpose of medical treatment, teaching and research when necessary.
Chapter II The Cultivation of Mother Plants of Narcotics and the
Production of Narcotic Drugs
examined and approved jointly by the Ministry of Public Health, the Ministry
of Agriculture, Animal Husbandry and Fishery and the State Administration for
Medicine. A copy of the report shall be sent to the Ministry of Public
Security.
jointly by the Ministry of Public Health and the State Administration for
Medicine. Without approval, no unit or individual shall be allowed to produce
narcotic drugs.
shall be examined and approved jointly by the Ministry of Public Health and
the Ministry of Agriculture, Animal Husbandry and Fishery. The annual
production plan of narcotic drugs shall be examined and approved jointly by
the Ministry of Public Health and the State Administration for Medicine. The
cultivation units and the production units shall not change the plans without
authorization. The cultivation unit and the production unit must assign a
person or persons with the special responsibility for the storage of the
finished products, semi-finished products, poppy capsules and poppy seeds.
Sale or use of these things without authorization shall be strictly prohibited.
The quality of the products must meet the standards set for medicines by the
State.
research unit must first of all draw up a plan and submit it to the Ministry
of Public Health for examination and approval. After the new drug is
developed, the research and trial production units must go through the
formalities for the approval of such new drugs. The storage and use of the
trial products must follow strict procedures so as to prevent their loss.
Chapter III The Supply of Narcotic Drugs
the demand of medical treatment units, medical colleges and scientific
research institutions.
appointed by the State Administration for Medicine and submitted to the
Ministry of Public Health and the State Administration for Medicine for
examination and approval before it is issued for implementation.
drugs shall be put forward jointly by the administrative department of health
and medicine administrative department in each province, autonomous region, or
municipality directly under the Central Government and shall be examined and
approved by the Ministry of Public Health and the State Administration for
Medicine. The trading units shall provide narcotic drugs only to those
consumer units approved by the administrative department of health and within
the prescribed quota. No supply for any other unit or person is permitted.
the trading units appointed by the State Administration for Medicine and
medicine department in each province, autonomous region, or municipality
directly under the Central Government. No other unit shall be allowed to
engage in such business. Poppy capsules must be allotted to the consumer units
in accordance with the plan examined and approved jointly by the Ministry of
Public Health and the State Administration for Medicine. Poppy capsules shall
be supplied to the medical treatment units for clinical use and to the
trading units designatd by the administrative departments of health at or
above the county level for clinical application endorsed with an office seal
of their respective medical treatment units. No retail sale of poppy capsules
is allowed. The pharmaceutical factories that need poppy capsules in the
production of ready made Chinese medicine must submit plans to the medicine
administrative department in their province, autonomous region, or
municipality directly under the Central Government for examination and then to
the administrative department of health for approval before production.
storehouse or counter(s) with good storage conditions and assign a person or
persons with special responsibility for the storage, transportation and supply
of narcotic drugs.
Chapter IV Transportation of Narcotic Drugs
Public Health is needed when going through shipment formalities for
transporting medicinal opium. Shipment of medicinal opium from the cultivation
unit to the storehouse of the State Administration Medicine shall be escorted
by the people sent by the consignor unit. Shipment of medicinal opium from the
storehouse to the production enterprises shall be escorted by the people sent
by consignee unit. The number of escorts shall be decided in accordance with
the regulations of the transportation department.
by the Ministry of Public Health.
including medicinal opium), the production unit or the supply unit must put
down clearly the words of Narcotic Drug in the blank for the name of goods on
the shipping document and a seal for consignment of Narcotic Drug must be
stamped in the space left for the consignor.
narcotic drugs and poppy capsules by dispatching the consignment promptly and
shortening its storage time at the station, on the dock or at the airport.
They must not be transported in open wagons on railways and, if by ship, no
loading on hold surface is allowed and, if by truck, they must be securely
fastened up and safely protected.
are found missing in the course of transportation, the freighter-unit must
report the case promptly to the local public security organ and the
administrative department of health for investigation.
Chapter V Import and Export of Narcotic Drugs
the units appointed by the Ministry of Foreign Economic Relations and Trade in
accordance with State regulations concerning foreign trade.
for import and export of narcotic drugs shall be subject to examination and
approval by the Ministry of Public Health.
units, medical colleges or medical science research institutions must be
verified and approved by the Ministry of Public Health. Only after an Import
License for Narcotic Drugs is granted can these units apply to go through
import formalities.
the Ministry of Public Health. An application and an import license which is a
prerequisite to going through import formalities for narcotic drugs issued by
the competent government department of the importing country must be presented
before the Ministry of Public Health issues an Export License for Narcotic
Drugs.
exclusively by the Ministry of Public Health.
Chapter VI The Use of Narcotic Drugs
teaching at medical colleges and in medical science research. Any medical
treatment unit with medical wards and with surgical or other necessary medical
treatment facilities may file an application to the local administrative
department of health. Upon approval by the administrative department of health
at a higher level, and after the level of supply is verified, a Purchase
Card for Narcotic Drugs shall be issued. The aforesaid unit may purchase the
needed narcotic drugs from the designated trading units according to the fixed
quota.
of narcotic drugs, they shall file an application to the administrative
department of health at a higher level and, upon approval, may purchase these
drugs from the trading units of narcotic drugs.
standard of rations.
when purchasing, narcotic drugs and the supplying unit must check the various
seals and the number of seals stamped on the form before supplying them with
the kind of drugs on quarterly ration as stipulated in the regulations set by
the Ministry of Public Health.
directly from the trading units or by mail order. In the latter case, however,
the shipping documents and certificates must be sent out by registered mail.
When sending the narcotic drugs by post, the sender-trading unit is required
to stamp a Seal for Narcotic Drugs on the parcel form and to present to the
post office the invoice with a Seal for Narcotic Drugs stamped on.
must be purchased from the trading units of narcotic drugs. In case that they
are not available or special preparations are needed by the medical treatment
units, the authorized consuming medical units may prepare them by themselves
with approval by the administrative department of health at or above the
county level. No other unit shall be allowed to prepare any form of
anaesthetic.
patient must be a qualified physician or a surgeon, who is tested to have been
able to use such drugs properly.
to use such drugs properly may have the right to prescribe anaesthetics for
the person to be operated on.
days of daily dose, as for the tablet, tincture, syrup, the dosage must not
exceed three days of daily dose. Administration of narcotic must not exceed a
period of seven days running. Prescription of narcotic drugs must be fully and
clearly stated with signature of the physician or surgeon on. When preparing a
narcotic drug, the pharmacist and the checker are required to sign their names
and keep the prescription of the narcotic drug on file. No medical worker is
allowed to prescribe any narcotic drug for him/herself.
diagnosed by a hospital at or above county level to be in need of narcotic
drugs as a pain killer, the hospital appointed by the administrative
department of health at or above the county level may issue the patient with a
Special Purchasing Card for Narcotic on the basis of the Prescription and by
checking his permanent residence booklet, and the patient may take this to the
appointed medical treatment unit to have the drug prepared. If the patient
holding a Special Purchasing Card for Narcotic is in need of a larger dose and
the seasonal ration of the medical treatment unit fails to meet the demand,
additional amount of narcotic shall be made available only with the approval
by the administrative department of health at a higher level.
narcotic drugs. Any illegal use, storage, transfer or borrowing of narcotic
drugs is prohibited. Narcotic drugs must be put under the charge of a person
specially appointed for the purpose and kept in a separate place under lock.
The distribution and prescriptions of narcotic drugs must be kept in record
separately from those of other medicine.
medical treatment unit shall have the right to refuse dispensing of drugs to
those who abuse them in violation of relevant rules and regulations and shall
report the case to the local administrative department of health promptly.
drugs, the medical treatment unit so involved and the trading unit of narcotic
drugs are required to supply a dose of narcotic promptly for the case only,
and the necessary formalities shall be done after the event.
Chapter VII Penalty Provisions
following act shall be subject to penalty by the local administrative
department of health according to the seriousness of the case, and the penalty
shall cover confiscation of all the narcotic drugs and the illegal earnings,
a fine ranging from 5-10 times the illegal profits, closing down of the
business or revocation of "License for Pharmaceutical Production Enterprise",
"License for Pharmaceutical Business Enterprise" or "License for Medicaments":
production plan and make additional kinds of narcotic drugs without
authorization;
capsules;
has not been granted the permission to use the stuff;
or to produce any new kind of narcotic drugs without authorization.
prescribing narcotics to other persons without complying with the rules or by
prescribing narcotics for themselves, and those who are directly responsible
for cheating to obtain or abusing the stuff, shall be given disciplinary
sanctions by the authorities of their units.
without authorization or take in narcotic drugs illegally shall be punished by
a public security organ in accordance with the Regulations on Administrative
Penalties for Public Security or other related rules.
narcotics or poppy capsules, if the circumstances are serious enough to
constitute a crime, he shall be prosecuted for criminal liability by the
judicial organs according to law.
administrative sanction may, within 15 days of receiving the notification on
the sanction, make a request for reconsideration to the authorities at the
level next higher, which shall make a reply within 10 days of receipt of the
appeal. If he is dissatisfied with the decision on reconsideration, he may,
within 15 days of receiving the reconsideration decision, bring a suit before
a people's court. If, upon the expiration of this period, the party has
neither complied with the sanction nor has brought a suit before a people's
court, the authorities that impose the sanction shall apply to the people's
court for compulsory enforcement.
Chapter VIII Supplementary Provisions
narcotic drugs in the health and medical treatment units of the Chinese
People's Liberation Army and the Chinese People's Armed Police Force shall be
formulated jointly by the Ministry of Public Health, the General Logistics
Department of the Chinese People's Liberation Army and the Logistics
Department of the Chinese People's Armed Police Force in accordance with
these Measures.
veterinary narcotic drugs shall be formulated jointly by the Ministry of
Public Health and the Ministry of Agriculture, Animal Husbandry and Fishery in
accordance with these Measures.
formulated by the Ministry of Public Health.
promulgation. The Provisions for the Administration of Narcotic Drugs,
promulgated by the State Council of the People's Republic of China on
September 13, 1978, shall become null and void on the same day.
URL: http://www.asianlii.org/cn/legis/cen/laws/mftcond407