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Regulations of Shanghai Municipality on the Development of Traditional Chinese Medicine
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| (Adopted at the fifth Session of the Standing Committee of the 11th Shanghai Municipal People' s Congress on September 22, 1998) Article 1 These Regulations are formulated in accordance with relevant laws and administrative regulations and in light of the actual circumstances of this Municipality in order to carry on and develop traditional Chinese medical undertakings, give play to its role in medical treatment and public health, and meet the needs of the masses in medical and health care. Article 2 These Regulations shall apply to the activities and administration of treatment with traditional Chinese medicine (including combined Chinese and Western medicine), education and scientific research of traditional Chinese medicine within administrative areas of this Municipality. Article 3 In order to develop traditional Chinese medical undertakings, we shall carry out the policy of attaching equal importance to traditional Chinese medicine and Western medicine, insist on their combination, unite and rely on professionals of both Chinese and Western medicine, handle correctly the relationship between inheritance and innovation, carry forward the special features and advantages of traditional Chinese medicine, stand on innovation, apply modern science and technology, and promote modernization and internationalization of traditional Chinese medicine so as to benefit the people' s health. Article 4 The municipal and the district/county people' s governments should incorporate the development of traditional Chinese medical undertakings into the planning of national economy and social development, and adopt appropriate measures to provide the necessary conditions and assurance for the development of traditional Chinese medical undertakings. Article 5 The municipal administrative department of public health shall be the competent department responsible for the administration of work concerning traditional Chinese medicine in this Municipality. The district and county administrative departments of public health shall take charge of the work concerning traditional Chinese medicine under their respective jurisdiction. Administrative departments of planning, finance, personnel, medicine, science and technology, and education at all levels shall, within their respective functions and duties, coorporate in doing a good job in the development of traditional Chinese medicine. Article 6 The municipal and the district/county administrative departments of public health shall incorporate the construction of traditional Chinese medical institutions into regional public health planning. Each district or county shall have at least one separate hospital or clinic of traditional Chinese medicine established by the government within its administrative area. Comprehensive hospitals shall have sections and beds specifically for traditional Chinese medical treatment. Medical institutions where conditions permit shall set up emergency treatment with Chinese medicine. Subdistrict hospitals and township/town hospitals shall promote traditional Chinese medical practice. Village clinics shall apply traditional Chinese medicine to the prevention and treatment of common diseases and frequently-occurring diseases. Article 7 Establishment, withdrawal or consolidation traditional Chinese medical institutions shall complete formalities for examination and approval with the municipal, district or county administrative department of public health according to relevant regulations of the State and this Municipality concerning the administration of medical institutions. As far as withdrawal and consolidation of hospitals of traditional Chinese medicine are concerned, approval must be obtained from the municipal administrative department of public health. No unit or individual person shall be allowed to practice traditional Chinese medicine without the approval of public health administrative departments of this Municipality. Article 8 Traditional Chinese medical personnel, housing for medical practice, and medical equipment of traditional Chinese medical institutions shall comply with the standards set by the State and this Municipality. Other medical institutions engaged in traditional Chinese medical practice shall have necessary staff members specialized in traditional Chinese medicine. The cure rate of traditional Chinese medicine in traditional Chinese medical institutions and traditional Chinese medical sections of other medical institutions that diagnose and treat diseases for outpatients or inpatients shall measure up to the standards set up by the State. Article 9 The municipal and the district/county people' s governments shall gradually increase financial input in traditional Chinese medical undertakings. The margin of increase in outlays for traditional Chinese medical undertakings shall be bigger than that for public health undertakings. The municipal and the district/county people' s governments shall earmark a special fund for development of traditional Chinese medicine to support key projects of traditional Chinese medical treatment, education, research, and industrialization of scientific and technological results. Outlays for traditional Chinese medical undertakings and special funds for development of Chinese medicine shall be used for their specific purpose and be subjected to the supervision of financial and auditing departments. Article 10 This Municipality encourages all organizations, including enterprises and institutions and personalities of various circles of the society, both at home and abroad, to give financial aid in various forms to develop traditional Chinese medical undertakings. Article 11 Institutions of traditional Chinese medical treatment, education, and scientific research shall carry out and develop the special features and advantages of traditional Chinese medicine, explore and popularize techniques of traditional Chinese medical diagnosis and treatment with unique effects, and enhance the academic level of traditional Chinese medicine and its comprehensive capability of medical treatment and service. Public health administrative departments shall give priority and special support for establishment of treatment sites, staffing of medical personnel, input of funds, purchase of equipment, and selection of designated medical institutions to specialized departments of unique treatment with traditional Chinese medicine and combined Chinese and Western medicine as well as projects on special diseases acknowledged by the State and Municipal public health administrative departments. Article 12 This Municipality encourages professionals of Western medicine to study and apply traditional Chinese medical theory and diagnosis and treatment techniques, encourages professionals of traditional Chinese medicine to study and apply modern science and technology, and encourages professionals of both traditional Chinese medicine and Western medicine to conduct joint study of theories and diagnosis and treatment techniques of combined Chinese and Western medicine so as to promote the development of medical science. Article 13 Traditional Chinese medical institutions of higher learning shall strengthen education of basic theories of traditional Chinese medicine, attach importance to clinical experience and the teaching of modern medical theories so as to improve the students' professional level of traditional Chinese medicine as well as knowledge of modern medicine. Other medical institutions of higher learning shall include in their curriculum courses in fundamental theories and basic skills of traditional Chinese medicine. Medical institutions of higher learning and relevant scientific research institutes shall train in a planned way graduate students specialized in traditional Chinese medicine and disciplines that combine Chinese and Western medicine. Article 14 The municipal and the district/county people' s governments and relevant administrative departments shall adopt measures to stabilize and recruit the ranks of professionals and technicians skilled in traditional Chinese medicine. Public health administrative departments and medical institutions shall attach importance to fostering disciplinary bellwethers and middle-aged and young professional backbones in traditional Chinese medicine and, work out plans for such training and organize their implementation. Medical institutions shall organize and support traditional Chinese medical personnel in the on-the-job training and continuous education recognized by public health administrative departments. Article 15 The whole society shall respect and protect eminent traditional Chinese medical specialists. Relevant units and departments shall take special measures to help eminent traditional Chinese medical specialists to sum up and develop their academic thought and clinical experience. Public health administrative departments shall organize and promote education on the succession of academic experience from traditional Chinese medical specialists to their apprentices and provide necessary conditions for such education. Concrete measures concerning the handing-down-from-master-to-apprentice education shall be formulated jointly by the municipal public health administrative department and the municipal personnel administrative department. Article 16 Application for conducting non-academic-credential traditional Chinese medical education with enrollment open to society must be reported to educational administrative departments for examination and approval after its being approved and verified by public health administrative departments. Article 17 The whole society shall attach importance and give support to the collection, sorting out, translation and publication of literature on traditional Chinese medicine. Public health administrative departments shall take appropriate measures and make sure that funds are available for the publication of works of fairly high academic value on traditional Chinese medicine. Article 18 People' s governments at all levels and all other relevant departments shall take protective measures to strengthen the building of leading disciplines in the field of traditional Chinese medicine in this Municipality, give support to units and individuals engaged in research on traditional Chinese medical theories and clinical treatments, do a good job in developing new technology in traditional Chinese medicine and promote high-tech industries of traditional Chinese medicine. Research institutes, medical schools, medical institutions and pharmaceutical production enterprises shall apply modern science and technology to the study of prevention and treatment of common diseases, frequently occurring diseases, and difficult and complicated cases of illness by traditional Chinese medicine, to the development of single and compound prescriptions of Chinese medicine and to the renovation of preparation types of Chinese medicine. This Municipality shall protect the intellectual property rights of traditional Chinese medicine and the lawful rights and interests of traditional Chinese medical workers. Article 19 Academic groups of traditional Chinese medicine shall carry out academic exchanges on traditional Chinese medicine in a planned way, organize consulting services on traditional Chinese medicine, propagate traditional Chinese medical knowledge, and organize, or help organize, on-the-job training and continuing education for traditional Chinese medical personnel. Article 20 This Municipality encourages institutions of traditional Chinese medical treatment, education and research, and personnel working in traditional Chinese medicine to carry out international and regional cooperation and exchange in various forms on traditional Chinese medicine, absorb and utilize new high technology in the research on traditional Chinese medicine and promote the development of products of Chinese medicine and industrialization of scientific and technological results. Article 21 The municipal public health and social medical insurance administrative departments shall designate qualified institutions of traditional Chinese medical treatment as appointed medical institutions for free public medical care, labor-protection medical care and social insurance medical care. The medical expenses incurred by the patient who goes to traditional Chinese medical institutions for treatment shall be settled in accordance with relevant regulations concerning free public medical care, labor-protection medical care and social insurance medical care. Article 22 Evaluation, examination and appraisal of the following items shall be conducted by special evaluation and appraisal institutions on traditional Chinese medicine or with the participation of a certain percentage of traditional Chinese medical specialists: 1. Evaluation of qualifications for appointment to posts of traditional Chinese medical profession; 2. Evaluation and examination of institutions of traditional Chinese medical treatment and research; 3. Approval of projects and evaluation of results on traditional Chinese medical research; 4. Assessment of malpractice in traditional Chinese medical treatment; or 5. Other items prescribed by the municipal public health administrative department. Article 23 The municipal, district and county people' s governments and other relevant departments shall commend and reward units or individual persons in any of the following circumstances: 1. Having made remarkable achievements in traditional Chinese medical treatment, education, research or administrative work therein; 2. Having donated valuable literature on traditional Chinese medicine, or having contributed recipes with special effects or prescriptions containing special traditional Chinese medical diagnosis or treatment techniques; or 3. Having made other remarkable contributions in developing traditional Chinese medical undertakings. Article 24 Those who fail to set up institutions, sections, departments or beds for traditional Chinese medical treatment or fail to start traditional Chinese medical practice in violation of Article 6 of these Regulations shall be ordered by the public health administrative departments or people' s governments to make rectification within a prescribed time limit and may be criticized in circular notices. Those who withdraw or consolidate institutions of traditional Chinese medical treatment without approval in violation of Section 1 of Article 7 of these Regulations shall be ordered by public health administrative departments or people' s governments to make rectification within a prescribed time limit and may be criticized in circular notices. Article 25 Those who engage in unauthorized traditional Chinese medical practice in violation of Section 2 of Article 7 of these Regulations shall be penalized by the municipal, district or county public health administrative department in accordance with relevant provisions of the Regulations on the Administration of Medical Institutions provided by the State council. Those who conduct non-academic-credential traditional Chinese medical education with enrollment open to society without examination and approval by public health administrative departments or approval by educational administrative departments in violation of Article 16 of these Regulations shall be penalized by educational administrative departments in accordance with law. Article 26 Those who detain or misappropriate outlays for traditional Chinese medical undertakings or special funds for development of Chinese medicine in violation of Section 3 of Article 9 of these Regulations shall be ordered by their superior competent departments to return the funds within a prescribed time limit and those who are directly liable for the violation shall be given disciplinary punishment. If the wrongful act constitutes a crime, the wrongdoer shall be prosecuted for criminal liabilities according to law. Article 27 Staff members of public health administrative departments who neglect their duties, abuse their power or play favoritism and commit irregularities shall be given disciplinary punishment by the unit they belong to or by their superior competent department. If the irregularities constitute a crime, the wrongdoer shall be prosecuted for criminal liabilities according to law. Article 28 These Regulations shall become effective on November 1, 1998. |
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