Regulation i_need_contribute
Law of the People's Republic of China on Traditional Chinese Medicine
source:WTMF 2020-05-26 [Regulation]
World Federation of Chinese Medicine Societies

 

Preface

         Adopted at the 25th Session of the Standing Committee of the Twelfth National People’s Republic of China on December 25th, 2016, the publication of Law of the People’s Republic of China on Traditional Chinese Medicine Legally ensures the development of Chinese medicine Chinese, and boosts morale of overseas TCM practitioners. The Law provides a useful reference for TCM administration and development by the government of other countries and regions, with a significant impact on the TCM development all over the world.

        In order to have all the member groups. Relevant organizations and the vast majority of TCM practitioners involving in activities organized by World Federation of Chinese Medicine Societies (hereafter shorted as WFCMS) easily acquire the Law and accurately understand the content, the WFCMS International Standardization Department organized the translation work and Specialty Committee of Translation of WFCMS, Working Committee of Promoting the Regulation of Chinese Medicine of WFCMS and the WFCMS International Liaison Department participated in and gave great support. Experts and member groups from Australia, Brazil, Canada, Spain, the United States and other countries and professors in universities in China, actively involved in the review and editing of the translation. Zhang Ke, the editor of People’s Medical Publishing House, gave great support to our work when he knew the publication plan. The enthusiasm and selfless dedication of these experts and scholars towards TCM undertaking moved us a lot.

       By interpreting the original content and meanings as accurately a possible, this English translation version fully took foreign language readers’ expression way into consideration. Though WFCMS has much experience in TCM translation and tried to translate as accurate as possible, mistakes and omissions can hardly be avoided. Please feel free to contact us for further discussion.

      Statement: This translation version by WFCMS has no legal validity, simply for reference. The copyright of this translation is reserved by WFCMS and please give credit to the original author when you use it elsewhere. WFCMS reserves all the rights for final interpretation.

 

                                                                                       Editor Team

                                                                                      Mar.24, 2017

 

 

Contents

 

Law of People’s Republic of China on Traditional Chinese Medicine….1

 

Notes for Several Terms……………………………………………………2

 

Bibliography………………………………………………………………...3

 

 

(Adopted at the 25th Session of the Standing Committee of the Twelfth National People’s Congress of the People’s Republic of China on December 25th, 2016)

 

 

 

Contents

 

Chapter I General Provisions……..

 

Chapter II TCM Services……..

 

Chapter III Protection and Development of TCM

 

Chapter 4 Education and Training of Traditional Chinese Medicine

 

Chapter 5 Scientific Research of TCM

 

Chapter 6 Inheritance and Cultural Communication of TCM

 

Chapter 7 Safeguard Measures

 

Chapter 8 Legal Liability

 

Chapter 9 Supplementary Provisions

 

 

 

 

Chapter I General Provisions

 

Article 1

 

The law is enacted for the purpose  of inher- iting and carrying forward traditional Chinese medicine, ensuring and promoting the development of traditional  Chi- nese medicine for the health of the people.

 

Article 2

 

Traditional Chinese medicine ( hereafter referred to as TCM ) in this law is a general term for  the medicine of all ethnic groups including  the  Han  nationality and ethnic minorities in China. It is a medical and pharmacological science system that reflects Chinese people's understanding of life, health and disease, with a long history and unique theories and techniques.

 

Article 3

TCM undertaking is an important part of medicine and healthcare fields in China. The state shall vigorously develop TCM undertaking, carrying out the principle of balance between Chinese and Western medicine, establishing an administrative system that conforms to TCM features and giving TCM full play in the medical and healthcare affairs in China.

  In the development of the TCM undertaking, the core value and laws of TCM development shall be followed, the integration of inheritances and innovation adhered to, TCM features and advantages preserved and maximized, and modem scientific technologies utilized, so as to promote the development of TCM theories and practice.

The stat shall encourage Chinese and Western medicine to Learn and Complement one another, develop with coordination and maximize their own advantages so as to promote the integration of Chinese and Western medicines.

Article 4

The people’s governments at or above the county level shall incorporate TCM into their national economic and social development plans, to establish a sound TCM management system and make overall plans for the promotion and development of TCM.

Article 5

The competent TCM administration department under the State Council shall take charge of the nationwide administration for TCM within its administrative region. Other relevant departments under the State Council shall take charge of other affairs related to TCM administration within their respective authority.

 The competent TCM department under the local people’s government at or above the county level shall be responsible for the administration of TCM in their respective administrative regions. Other relevant departments of the local people’s governments at or above the county level shall be responsible for the affairs related to TCM administration within the scope of their respective functions.

Article 6 The state shall strengthen the construction of TCM service system, rationally plan and allocate TCM service resources and guarantee available access for citizens to TCM services.

China encourages social forces to invest in the TCM undertaking and supports organizations and individuals to make donation and provide fund for TCM undertaking.

Article 7              

The state shall promote TCM education to establish a TCM education system satisfying the needs during the developmental progress of TCM undertaking with proper scale, rational structure and different forms to cultivate TCM talents.

Article 8

The state shall support the scientific research and technological development of TCM, encouraging innovation in TCM science and technologies, promote the application of scientific and technological achievements of TCM, protecting TCM intellectual property and promoting scientific and technological level of TCM.

Article 9

The state shall support international exchange and cooperation to promote international transmission and application of TCM.

Article 10

Organizations and individuals that have made outstanding contributions to the TCM   undertaking shall be commended and rewarded in accordance with relevant provisions of China.

Chapter II TCM Services

Article11

The people’s governments or above the county level shall include the launch of TCM medical institutions into the plan on the setup of medical institutions, launching proper scaled TCM medical institutions, and supporting the development of medical institutions with distinct TCM features and advantages.

 To merge or cancel a TCM medical institution launched by the government or convert it into a TCM institution, opinions shall be solicited from the competent TCM department under the people’s government at the next higher level.

Article12 

The comprehensive hospitals and maternal and child care institutions and qualified specialized hospitals, community health service centers and township health centers launched by the government should set up TCM departments and clinics.

The people’s governments at or above the county level shall take measures to strengthen the capability of community health service stations and village clinics to provide TCM services.

Article13

The state supports non-governmental investment to launch Chinese medical institutions.

Chinese medical institutions launched by non-government investment shall enjoy the same rights as those organized by the government related to permission, practice, basic medical insurance, scientific research and teaching, the evaluation of titles for medical personnel, etc.

Article14

To launch a TCM medical institution, the approval formalities shall be undergone according to the provisions of the state on the administration of medical institutions, and the provisions on the administration of medical institutions shall be observed.

To launch a TCM clinic, name, address, scope of service and staffing of the clinic shall be reported to the competent TCM department under the local people’s government at the county level and registered before starting medical practice. The TCM clinic shall publicize its medical treatment scope and the names of TCM practitioners and their practice scope in a visible position of the clinic. The clinic shall not conduct medical activities beyond the registered scope. The specific provisions shall be formulated by the competent TCM department under the State Council and be submitted to the administrative department of public health under the State Council for review and issuance.

 

Article15

Personnel engaged in medical activities of TCM shall, in accordance with the provisions of the Law of the People’s Republic of China on Medical Practitioners, obtain the qualification as a TCM physician through the TCM medical qualification examination, and conduct practice registration. The content of the qualificatio0n examination for TCM physician shall reflect TCM features.

A person who has been learning TCM from a teacher in form of apprenticeship, or indeed has specialty in medical skills through many years of practice shall be recommended by at least two TCM physicians, and may be qualified by at least two TCM physicians, and may be qualified as a TCM physician after passing the appraisal and examination for the qualification of a licensed doctor under the auspices of the competent TCM department of the people’s government of the provinces, autonomous regions or municipalities directly under the Central Government. After conducting practice registration according to the examination content, he or she may be engaged in TCM medical activities in the form of individual business operation or working in medical institutions within the registered scope of practice. The competent TCM department of the State Council shall draft the measures for the categorized examination of the personnel described in this paragraph according to the safety risks of TCM techniques and report the measures to the health administration department of the State Council for review and issuance.    

Article16

A TCM institution shall mainly equipped with TCM professionals and technicians, mainly providing TCM services. TCM practitioners who have obtained physician qualification upon examinations may, in accordance with relevant provisions of China, adopt modern scientific and technological methods related to their professions in their medical practice after obtaining training and passing the examination. The modern scientific and technological methods applied in the medical activities shall be conductive to preserving and giving full play of TCM features and advantages.

The community health service centers, township health centers, community health service stations and qualified village clinics shall reasonably assign TCM professional technicians, and apply and promote appropriate TCM techniques.   

Article17

TCM service shall be carried out by taking TCM theories as the guidance and applying TCM techniques and comply with basic requirements for TCM services formulated by the competent TCM department under the State Council.

Article18

The people’s government at or above the county level shall develop TCM in services of prevention and health care and incorporate them onto basic public health service items for overall planning and implementation in accordance with the relevant provisions of China.

The people’s governments at or above the county level shall allow TCM to fully play its role in emergency response to sudden public health events, and strengthen the reserves of TCM emergency response supplies, equipment, facilities, technologies and talents.

Medical and health institutions shall actively apply TCM theories and techniques in disease prevention and control.

Article19

A medical institution that plans to release a TCM medical advertisement shall be subject to the revision and approval of the competent TCM department of the people’s government without revision and approval. The content of the issued TCM medical advertisement shall be consistent with the content approved upon revision and comply with the relevant provisions of Advertising Law of the People’s Republic of China.

Article20

The competent TCM department under the people’s government at or above the county level shall strengthen the supervision and inspection of TCM service, and make the following items as the focus of the supervision and inspection:

  1. Whether the TCM medical institutions or practitioners conducts medical activities beyond the registered scope;
  2.  Whether the TCM service complies with the basic requirements for TCM services formulated by the competent TCM department under the State Council.
  3. Whether the release of medical advertisements related to TCM complies with the provisions of this Law.
    The competent TCM department shall carry out supervision and inspection according to the laws, and the relevant units and individuals shall cooperate with it and shall not refuse or obstruct it.
     
    Chapter III Protection and Development of TCM
    Article 21
    The state shall formulate the technical specifications and standards for the cultivation, collection, storage and initial processing of Chinese materia  medica and strengthen  the  quality  supervision  and  management during the whole process of production and circulation to guarantee the quality and safety of Chinese materia medica.
    Article 22 
    The state shall encourage the development of standardized cultivation of Chinese materia medica, strictly control the use of pesticides, fertilizers and other agricultural inputs, prohibit the use of highly poisonous or toxic pesticides during the cultivation of Chinese materia medica, and support the breeding of  fine  varieties  of  Chinese materia medica to improve the quality.
    Article 23
    The state shall establish the evaluation system of genuine regional materia medica,  support  the variety breeding of genuine regional materia  medica,  sup- port the launch of production base for the genuine regional materia medica, strengthen the ecological environment protection of the production  base  of  genuine  regional  mate- ria  medica,  and  encourage  the  protection  of  genuine regional materia medica by geographical indication and other measures.
    The genuine regional materia medica in the preceding article refer to those selected by long-term clinical application of TCM, produced in certain areas with better quality and efficacy compared with the same species produced in other regions, and thereby with stable quality and high popularity.
    Article 24
    The department of pharmaceutical supervision and administration under ther State Council shall organize and strengthen the quality monitoring of Chinese materia medica and regularly publish the results. The relevant departments under the State Council shall cooperate in the accomplishment of the quality monitoring of Chinese materia medica.
    The collection and storage of Chinese materia medica and their initial processing shall conform to the relevant technical specification, standard and administrative regulation of China.
    The state shall encourage the development of modern distribution system of Chinese materia medica, improve the technological standards for packaging and warehousing of Chinese materia medica and establish the circulation traceability system for Chinese materia medica. The pharmaceutical manufactures shall establish a system of inspection and record for the purchase of Chinese materia medica. The proprietors of Chinese medicinals shall establish an inspection system for the purchase of goods and registration system for the buying and selling and indicate the geographical origin of the Chinese materia medica.
    Article 25
    The state shall protect the medicinal wildlife resources, carry out dynamic monitoring and regular general-survey on the medicinal wildlife resources, establish a germplasm gene bank for the medicinal wildlife resources, encourage the development of artificial cultivation and breeding, and support the development of the protection, breeding and relevant research of precious and endangered medicinal wildlife according to the law.
     
    Article 26
    TCM practitioners from village medical institutions and countryside doctors with Chinese materia medica knowledge and identification skills may plant and collect Chinese meteria medica for the application in their clinical activities in accordance with relevant provisions of the state.
    Article 27
    China protects the traditional processing techniques for decoction pieces of Chinese crude drugs, supports the application of traditional processing techniques in processing decoction pieces of Chinese crude drugs, and encourages the use of modern science and technology to develop the processing technology of decoction pieces of Chinese crude drugs.
    Article 28
    For the decoction pieces of Chinese crude drugs which are not supplied on the market, a medical institution may process and use them within the medical institution based on corresponding formulas prescribed by physicians of this institution. Medical institutions shall abide be relevant provisions on the processing of decoction pieces and take charge pieces of drug quality to ensure safety. The processing of decoction pieces of Chinese crude drugs by medical institution should be reported to the department of pharmaceutical supervision and administration under the local municipal people’s government for the record.
    According to the needs of clinical medication, a medical institution may reprocess decoction pieces of Chinese crude based on the formulas prescribed by physicians of the institution.
    Article 29
    China encourages and supports the development and production of new Chinese materia medica.
    The state shall protect traditional processing techniques and procedures of Chinese materia medica, support the production of traditional dosage form of Chinese patent medicine, and encourage the applicaton of modern science and technology to study and develop traditional Chinese patent medicine.
    Article 30
    For the production of compound preparation of Chinese materia medica derived from ancient classical formulas meeting the national prescribed condition, it may only provide non-clinical safety research materials when applying for the drug approval number. Specific regulations shall develop by the department of pharmaceutical supervision and administration under the State Council on conjunction with the competent TCM department.
    The ancient classical formulas in the preceding article refer to prescriptions that are still widely used, with definite efficacy and outstanding characteristic and advantages recorded in the ancient classics of TCM. The specific catalogue shall be formulated by the competent TCM department under the State Council in conjunction with the department of pharmaceutical supervision and administration.
    Article 31
    The state shall encourage medical institutions to prepare and use Chinese medicinal preparation according to their clinical needs, and support the application of traditional techniques in preparing Chinese medicinal preparation and the development of new TCM drugs on the basis of Chinese medicinal preparation.
    Medical institutions shall obtain the Pharmaceutical Preparation Ce1tificate for Medical Institution in accordance with the Pharmaceutical Administration Law of the People's Republic of China, or entrust a pharmaceutical manufacturing enterprise that has obtained Drug Manufacturing Certificate or other medical institutions that have obtained the Pharmaceutical Preparation Certificate for Medical Institution to prepare Chinese medicinal preparation. The documents of Chinese medicinal preparation should be submitted to the department of pharmaceutical supervision and administration region or municipality directly under the Central Government where the entrusting party files on record.
    Medical institutions shall be responsible for the quality of self-made Chinese medicinal preparation. For the entrustment of preparation, the entrusting party and entrusted party shall respectively bear the corresponding responsibilities for the quality of Chinese medicinal preparation.
    Article 32
    Medical institutions shall obtain the preparation approval number according to the law for the self-made Chinese medicinal preparation products. However, the approval number is not required for the Chinese medicinal preparation products prepared simply with traditional techniques, and shall reported to pharmaceutical supervision and administrative department under the local people’s government of the province, autonomous region or municipality directly under the Center Government for record.
    Medical institutions shall strengthen monitoring on adverse reactions caused by registered Chinese medicinal preparation products and report the cases in accordance with the relevant provisions of China. The pharmaceutical supervision and administrative department shall strengthen the supervision and inspection on the preparation and use of the self-made Chinese medicinal preparation products on record.
     
    Chapter IV Education and Training of Traditional Chinese Medicine
    Article 33
    The TCM education should follow the developmental rules of TCM talents, with TCM as the main content, and shall reflect cultural features of TCM and emphasize TCM classical theories and clinical practice, as well as the combination of modern and traditional education methods.
    Article 34

The state shall improve the education system for TCM universities and vocational schools, and support the development of higher education institutions, secondary vocational schools and other educational institutions that specialize in the implementation of TCM education.

The training objectives, length of schooling, teaching mode, teaching content, teaching evaluation, and academic evaluation standard of TCM schools shall reflect the features of TCM disciplines and conform to the developmental rules of TCM disciplines.

Article 35

The state shall develop TCM master-disciple education and support TCM physicians and technical TCM personnel with rich clinical experience and technical expertise to impart theories and technical methods to disciples to impart theories and technical methods to disciples in practice and medical activities to train professional towards medical personnel, especially those TCM technicians at the grass-root level in urban and rural areas.

Article 36

The state shall strengthen the education and training for TCM physicians and professional TCM technical TCM personnel of the grass- root level in urban and rural areas.

The state shall develop education for integrated Chinese and Western medicine to cultivate high-level talents integrating TCM and Western medicine.

Article 37

The competent TCM departments under the local people’s governments at or above the county level shall organize and develop TCM continuing education plans and strengthen basic TCM knowledge and skills training towards medical personnel, especially those TCM technicians at the grass-root level in urban and rural areas.

Professional TCM technician personnel shall participate in further education in accordance with the provisions, and local institutions shall create favorable conditions to support them.

 

Chapter V     Scientific Research of TCM

Article 38

The stat shall encourage scientific research institutions, higher education schools, medical institutions and pharmaceutical manufacturers to carry out scientific research on TCM by applying both modern scientific and techniques, strengthen the study on integration of Chinese and Western medicine, so as to promote the inheritance and innovation of TCM theories and technical methods.

Article 39

The state shall take measures to support the collation, study and use of the ancient TCM literature, academic thoughts and diagnostics and treatment experience of famous TCM experts, and folk TCM technical techniques.

Article 40

The state shall establish and improve the scientific and technological innovation system, evaluation system and administrative system that conform to TCM features so as to promote TCM scientific and technological progress and innovation.

Article 41

The state shall take measures to strengthen the scientific research of basic TCM theories and treatment according to syndrome differentiation methods, prevention and treatment for common diseases, frequently occurring diseases, chronic diseases, major difficult diseases and major difficult diseases by means of TCM, and research projects, playing significant roles in the promotion pf theoretical and practical TCM development.

 

Chapter VI Inheritance and Cultural Communication of TCM

Article 42 

The competent TCM departments under the people's governments at or above the provincial level should organize the selection of academic heritage projects and successors of TCM within their  respective administrative regions to carry forward TCM theories and technical methods with significant academic values and create favorable  conditions for the  inheritance. The inheritors shall carry out heritance activities to cultivate successors, and collect, collate and properly preserve relevant academic materials. The inheritance activities for representative projects of intangible cultural heritage, the inheritance activities shall be carried out in accordance with the relevant provisions of the Law of the people’s Republic of China on the Protection of Intangible Cultural Heritage.

Article 43

The state shall establish the database, list and system for the protection of traditional knowledge of TCM.

Practitioners possessing TCM knowledge shall have the right to inherit and use their own knowledge. They shall have informed consent and shared interest for their TCM knowledge to be obtained and applied by others.

The state shall implement special protection for the composition and manufacturing of China secret prescriptions of traditional TCM identified according to law.

Article 44

The state shall encourage the development of TCM health care and health preservation services and support non-governmental investments to launch standardized TCM health care institutions. The standards and criteria of TCM health care services shall be formulated by the competent TCM department under the State Council.

Article 45

The people’s governments at or above the county level should strengthen the Public education of TCM knowledge and culture and encourage organizations and individuals to create TCM cultural and popular works.

Article 46 The activities for publicity and populari- zation TCM culture and knowledge should be carried out in compliance with the relevant provisions of the state. No or- ganization or individual shall make any false or exaggerated TCM  publicity,  nor  shall they  make fraudulent  use  of TCM  to seek illegitimate interests.

The radio, television, newspaper, internet and other  media shall employ professional TCM technical personnel when promoting TCM knowledge.

 

Chapter VII  Safeguard Measures

Article  47

The people’s governments at or above the county level should provide policy and material support for the TCM development, and incorporate the funds for the TCM development in the financial budgets of the governments at corresponding levels.

The people’s governments at or above the county level and relevant government authorities should invite the competent TCM department in drafting and developing policies for basic medical insurance payment, drug administration and other medical and health issues, so as to fully exploit TCM advantages to encourage practice and application of TCM services.

Article 48

The people’s government at or above the county level and their relevant departments shall rationally set the charge items and standards of TCM services according to the statutory authority for price management, and reflect the cost of services and professional and technical values of TCM services。

Article 49

In accordance with the provisions of the state, the relevant departments of the people’s governments at above the county level shall incorporate qualified TCM institutions of into the medical institution designated for basic medical insurance with the inclusion of qualified TCM  diagnostic and treatment projects, TCM decoction pieces, Chinese patent medicine and self-made TCM preparation into the scope of basic medical insurance payment.

Article 50

The state shall strengthen the construction of TCM standard system, develop standards for the technical requirements that need to be unified according to the TCM features and revise them in times.

The national and industrial TCM standards shall be formulated or revised by the relevant departments under the State Council in accordance with their responsibilities and be published on their websites for free-access to the public.

The state shall promote the establishment of the TCM international standard system.

Article 51

The evaluation, assessment and appraisal of TCM required by the law and the administrative regulations shall be carried out with the launch of special organizations or the participation of TCM experts.

Article 52

The state shall take measures to strengthen support towards ethnic minority medicine in inheritance and innovation, application- oriented development and talent cultivation and enhance the launch of medical institutions and establishment of physician team, so as to promote and standardize the development of ethnic minority medicine.

 

Chapter VIII Legal Liability

Article 53

The competent TCM department of the people’s government at or above the county level and other relevant departments that fails to perform their duties as required by this Law shall be instructed for rectification by the people’s government at the same level or the relevant levels. If the circumstances are serious, the person directly in charge and other persons directly responsible shall be penalized according to law.

Article 54

Any TCM clinic, in violation of the provisions of this Law, that carries out medical activities beyond the registered practice scope shall be instructed to rectify by the competent TCM department under the local people’s government at the county level, and the illegal gains shall be confiscated and impose with a fine of not less than RMB 10,000 yuan but not more than RMB 30,000  yuan. If the circumstances are serious, it shall be instructed to cease the practice.

For any TCM clinic instructed to cease the practice, the person directly in charge shall be barred from being engaged in the management of medical institutions within five years from the issuance date of the penalty decision, For any medical institution that hires the above-mentioned persons to engage in the management work, the medical practice license shall be revoked by the former license issuance department or the institution shall be instructed to cease the practice by the former registration department.

Article 55

Any TCM physician obtained qualification of a licensed doctor after passing the examination who is engaged in medical activities beyond the registered practice scope, in violation of the provision of this Law, shall be instructed to suspend the practice for not less than six months but not more than one year by the competent TCM departments under the people’s governments at or above the county level and impose a five of not less than RMB 10,000 yuan but not more than RMB 30,000 yuan. If the circumstances are serious, his/her medical practice license shall be revoked.

Article 56

In case of failure in record keeping of filling with false materials in launching TCM clinic, processing decoction pieces or entrusting others to prepare Chinese medicinal preparation in violation of the provisions of this Law, offenders shall be instructed to rectify by the competent TCM department and pharmaceutical supervision and administrative department according to their respective responsibilities. The illegal gains shall be confiscated sand impose a fine of not more than RMB 30,000 yuan and the relevant information should be publicized. If offenders refuse to rectify, they shall be instructed to cease the practice or the processing for TCM decoction pieces and the entrusted TCM preparation, and the person directly responsible shall be barred from being engaged in any TCM activities within five years from the date of the issuance of the penalty decision.

Any TCM institution fails to record on files when applying traditional process to prepare Chinese medicinal preparation in violation of the provision of this Law, or ails to make Chinese medicinal preparation on accordance with the requirements stated clearly in the record files shall be penalized as producing counterfeit.

Article 57

In case of releasing a TCM advertisement not in conformity with the reviewed and approved edition, in violation of the provisions of this Law, the regulatory department responsible for the approval will revoke the approval document for the advertisement and dismiss the application for advertising review submitted by this medical institution within one year.

In violation of the provisions of this Law, other illegal actions when releasing TCM advertisement, offenders shall be penalized in accordance with the provisions of the Advertising Law of the People’s Republic of China.

Article 58

In case of using high-toxic pesticides in the process of planting Chinese materia medica, in violation of the provision of this Law, offenders shall be penalized in accordance with the relevant laws and administrative regulations; If the circumstances are serious, the person directly in charge or other persons directly responsible may be detained by the public security organ for not less than five days but not more than 15 days.

Article 549

In the case of causing personal of property damage in violation of the relevant provisions of this Law, the offender shall bear civil liability in accordance with the Law. In case of violation this Law involving criminal offenses, the offenders shall be prosecuted in accordance with the law.

 

Chapter IX Supplementary Provisions

Article 60

The administration of TCM that is not specified by this Law shall apply to the provisions of relevant law and administrative regulations such as the Law of the People’s Republic of China on Medical Practitioners and the Drug Administration Law of the People’s Republic if China.

The administration of TCM in the armed forces shall be organized and implemented by the military health authorities in accordance with this Law and the relevant provisions of the armed forces.

Article 61

Autonomous regions of ethnic minorities may formulate measures to promote and standardize the development of local ethnic minority medicine based on their practical situations, in accordance with the Law of the People’s Republic of China on Regional National Autonomy and the relevant provisions of this Law.

Article 62

If the blind obtain qualification for braille medical massage personnel in accordance with the relevant provisions of China, medical massage services could be provided in the form of an individual business or within a medical institution.

Article 63

The law shall come into force as the July 1,2017

 

Notes for Several Terms

1 中医药 (traditional Chinese medicine)

Experts share different views on the translation of “中医药”. Experts abroad prefer to translate the term into “Chinese medicine”. They feel that Chinese medicine is not traditional at all and it has been developing all the time. The term, Chinese medicine, is more favorable in promoting the application and spread of Chinese medicine, However, experts and scholars in China point out that traditional Chinese medicine (TCM) is acknowledged and accepted by the world without any meaning pertaining to tradition or not developing. After searching relevant literature, the compile group found that “中医药” in White Paper: Traditional Chinese Medicine in China issued by China’s State Council Information Office and Regulations of the People’s Republic of China on Traditional Chinese Medicine issued by the Stated Council of the People’s Republic of China is translated as “traditional Chinese medicine”. Upon overall consideration on the above reasons, “中医药”in WFCMS’s version finally is translated into “traditional Chinese medicine(TCM)”.

2. 中药材 (Chinese crude drug)

In the reference materials, the terms of “中药” and “中药材” have a variety of translation, For instance, Regulations of the People’s Republic of China on Traditional Chinese Medicine issued by the State Council of the People’s Republic of China translates “中药材”into “Chinese medical substances”, however this translation is not commonly used and also let the reader misunderstand what it is referred to; “中药材” is translated as “Chinese Materia Medica” in standards of ISO/TC249, but it is often used to express the concept of the discipline of pharmacy; while “中药材”also is translated into ”Chinese crude drug” in several TCM standards, which is specifically clear and easy for understanding. Therefore, in order to avoid the repetition of using the same term to express different Chinese terms, we translate “中药”as “Chinese Materia Medica”, “中药材”as “Chinese crude drug” and “道地药材”as “genuine regional crude drug”, in order to avoid ambiguousness.

3.中医药人才培养 (Education and Training of Traditional Chinese Medicine)

By literal translation, the title of the third chapter “中医药人才培养” should be translated as “Cultivation of Traditional Chinese Medicine Talents”. Many overseas experts feel this translation is too blunt. In order to better convey the connotation of the Law, “中医药人才培养” is translated as “Education and Training of Traditional Chinese Medicine”, based on the specific content of the third chapter, in order to adhere to the reading habits of targeted readers and ensure the effective convey of contents and cultural connotation. 

4.社会力量 (non-government sectors)

By literal translation, “社会力量” should be translated as “social forces” and the definition given in the English dictionary is that an element of society which has the capability of causing cultural change or influences people. However, the term in the Law has different meaning. According to Interpretation to Law of the People’s Republic of China on Traditional Chinese Medicine, “社会力量” refers to the non-government social capitals, and then the translation of “non-government sectors” is adopted, as we found this expression in UN documents and many English native-language news.

 

 

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