欢迎访问吉林省人民政府法制办公室!

法律服务


《吉林省发展中医条例》中英文对照

发布时间: 2018-01-08 15:08:10   作者:本站编辑   来源:本站原创

 

吉林省发展中医条例

 

 

  199918吉林省第九届人民代表大会常务委员会第七次会议通过根据2004618吉林省第十届人民代表大会常务委员会第十一次会议《吉林省人大常委会关于废止和修改部分地方性法规的决定》修改根据20151120吉林省第十二届人民代表大会常务委员会第二十一次会议《吉林省人民代表大会常务委员会关于修改〈吉林省土地管理条例〉等7件地方性法规的决定》修正)

  

  第一条 为了继承和发扬中医药学,发展中医事业,充分发挥中医药的特色和优势,根据宪法、有关法律和行政法规的规定,结合本省实际,制定本条例。

   第二条 任何单位和个人在本省行政区域内运用我国传统医药学理论、方法开展的医疗(包括预防、保健、康复)活动以及中医药教育、科研和中医行政管理,均须遵守本条例。

  第三条 各级人民政府应当加强对中医工作的领导,坚持中西医并重的方针。

  县级以上人民政府负责中医行政管理工作的部门,主管本行政区域内的中医工作。

  第四条 各级人民政府应当将中医事业的发展纳入本行政区域国民经济和社会发展总体规划,逐步完善中医医疗、中医药教育和科研以及中医行政管理体系。

  第五条 各级人民政府应当随着经济的发展逐步增加对中医事业的投入,并相应建立和增加专项经费,用于扶持中医医疗和中医药教育、科研的重点项目。

  中医事业经费和中医发展专项经费必须专款专用,不得挪作他用。

  第六条 各级人民政府鼓励国内外的组织和个人投资、捐资发展中医事业。

  第七条 各级中医医疗机构的设置应当纳入区域卫生发展规划。

  省、市(州)、县(市)行政区域应当设置中医医疗机构,有条件的要设置中医专科、中西医结合和民族医医疗机构。

  县以上综合医院要设置中医或者中西医结合科(室)和一定数量的中医或者中西医结合床位。

  乡(镇、街道)卫生院应设置中医科(室)或者配备中医药人员。

  村卫生所(室)有条件的要开展中医业务。

  第八条 中医医疗机构的设置规模和内部建设,应当符合医疗机构基本标准的规定。

  第九条 任何单位和个人开办中医医疗机构,均须按照国家和省有关医疗机构管理的规定,到县级以上人民政府负责中医行政管理工作的部门办理手续。

  中医医疗机构的撤销、合并或者改变其名称、所有制性质和服务范围,应当由原审批部门批准。

  第十条 从事中医医师执业活动,必须获得执业医师资格,经注册取得执业证书后,方可进行。

  第十一条 任何单位和个人开展中医医疗活动,均须遵守下列规定:

  (一)不得使用非卫生技术人员从事中医医疗卫生技术工作;

  (二)不得出具虚假疾病诊断书、健康证明书等医学证明文件;

  (三)不得使用假药、劣药;

  (四)不得出卖、转让、出租、出借《医疗机构执业许可证》;

  (五)按照核准登记的诊疗科目开展诊疗活动;

  (六)按照国家规定校验《医疗机构执业许可证》;

  (七)恪守医务人员职业道德;

  (八)执行医疗技术规范。

  第十二条 任何单位和个人进行中医医疗广告宣传,均须按照国家和省有关医疗广告管理的规定办理,符合规定的,由设区的市级人民政府负责中医行政管理工作的部门出具中医《医疗广告审查证明》。

  广告经营者承办或者代理中医医疗广告,必须查验《医疗广告审查证明》原件,并按照核定的内容设计、制作和发布;对未取得中医《医疗广告审查证明》的,广告经营者不得承办或者代理。

  第十三条 中医医疗机构应当主动开展社区中医医疗保健工作,为社区居民提供方便的医疗服务。

  第十四条 各级人民政府应当扶持农村中医事业,将农村中医工作纳入初级卫生保健发展规划。

  城市中医医疗机构要采取人员培训、技术指导、巡回医疗、设备支援等方式,帮助农村中医医疗机构提高医疗能力和水平。

  鼓励中医人员到农村领办、开办中医医疗机构或者从事中医医疗工作。

  第十五条 各级人民政府鼓励中医医疗机构依法到境开展医疗活动。

  第十六条 各有关单位在确定下列指定医疗单位时,应当同等对待中医、西医医疗机构:

  (一)保险医疗;

  (二)伤害救治医疗;

  (三)其他社会保障制度医疗。

  第十七条 中医医疗机构应当建立合理的中医医疗收费制度和管理制度。其收费的项目和标准,按照国家和省的有关规定执行。

  第十八条 县级以上人民政府应当重视、发展中医药教育,有计划地培养中医药人才。加强中医药人员成人教育和继续教育,不断提高中医药技术人员和管理人员的素质。

  第十九条 高等、中等中医药院校应当加强中医药基础理论教学,重视中医临床经验和西医医学理论的学习。有条件的其他高等、中等医药院校应当设置中医药基础理论和基本技能课程。

  符合国家要求的高等医药院校应当重视中医药和中西医结合学科研究生的培养。

  第二十条 县级以上人民政府负责中医行政管理工作的部门,应当组织开展继承老中医药专家学术经验的师承教育。

  师承教育的具体实施办法由省人民政府负责中医行政管理工作的部门会同省有关部门另行制定。

  第二十一条 县级以上人民政府负责中医行政管理工作的部门,应当组织做好行政区域中医药重点学科建设及学科带头人、中青年技术骨干和农村中医药人员的培养工作。

  中医医疗和中医药教育、科研单位要做好本单位的人才培养工作。

  第二十二条 县级以上人民政府负责中医行政管理工作的部门应当组织做好国家和省选定的名老中医药专家的学术继承工作。

  名老中医药专家在培养学术继承人期间,按照有关规定由所在单位发给名老中医药专家带教津贴。

  学术继承人获得出师证书后,通过规定的职务评聘程序晋升高一级专业技术职务,不受本单位职数限制。

  第二十三条 鼓励西医人员学习、应用中医,鼓励中医人员学习、应用西医及相关的现代科学技术。

  第二十四条 各级人民政府和有关部门应当重视中医药科学研究和技术开发,加强中医药科研机构建设。

  第二十五条 中医药科学研究应当以临床应用研究为主,加强基础理论研究,运用中医药和现代科学技术,进行常见病、多发病、疑难病的防治和中药开发以及中药剂型改革的研究工作。

  第二十六条 各级人民政府应当充分利用我省的中药材资源,组织有关部门研制开发在国内外医药市场具有竞争能力的中药新品种。

  第二十七条 县级以上人民政府负责中医行政管理工作的部门,以及中医医疗和中医药教育、科研单位,应当加强中医药科技成果的推广、应用工作,促进中医药科学技术市场的建设和发展。

  第二十八条 各级人民政府鼓励社会各界人士捐献具有独特疗效的中医诊疗方法和有价值的中医药文献、秘方、验方。

  中医药知识产权受法律保护。

  第二十九条 具有独特疗效的中医诊疗方法和中医药秘方、验方的合法持有者,可以依法与国内外的科研单位、企业和医疗机构合作,进行研究开发活动。

  第三十条 中医医疗和中医药教育、科研单位,应当加强对具有独特疗效的中医诊疗方法和有价值的中医药文献、秘方、验方的整理研究以及中医药科技信息的交流工作。

  第三十一条 中医医疗和中医药教育、科研单位,要积极开展国际间中医医疗中和中医药教育、科研的交流与合作,促进中医药在世界范围的广泛应用。

  第三十二条 有关单位开展下列活动,参加人员应当以中医药专家为主:

  (一)中医药人员的专业技术职务评定;

  (二)中医药科研课题的立项、科学技术成果鉴定和评奖;

  (三)中医医疗事故鉴定。

  第三十三条 中医学术团体应当发挥在学术交流、普及中医知识、中医咨询等活动中的作用,为促进中医事业发展服务。

  第三十四条 县级以上人民政府及其负责中医行政管理工作的部门,对有下列情形之一的单位和个人,予以表彰或者奖励:

  (一)整理、研究、开发中医诊疗方法和中医药文献、秘方、验方成果突出的;

  (二)捐献具有独特疗效的中医诊疗方法和较高学术价值的中医药文献、秘方、验方的;

  (三)名老中医药专家在培养继承人工作中成绩显著的;

  (四)资助中医事业发展成效显著的。

  第三十五条 对有下列行为之一的,由有关行政部门依法处罚;构成犯罪的,由司法机关依法追究刑事责任:

  (一)开办中医医疗机构,未按国家和省有关医疗机构管理的规定,办理手续的;

  (二)不具备法律、法规规定的执业资格,从事中医医师执业活动的;

  (三)开展中医医疗活动违反法律、法规、规章规定的;

  (四)进行中医医疗广告宣传,违反国家和省有关医疗广告管理规定的。

  第三十六条 从事行政管理工作的人员以权谋私、徇私舞弊、玩忽职守的,由所在单位、上级机关或者有关主管部门依法给予行政处分;构成犯罪的,由司法机关依法追究刑事责任。

  第三十七条 本条例自公布之日起施行。

 

Regulations of Jilin Province on Development

of Traditional Chinese Medical Science

 

(Adopted by the 7th session of the standing committee of the 9th people's congress of Jilin Province on January 8, 1999; and revised in accordance with the Decisions of the Standing Committee of Jilin Provincial People’s Congress upon the Abolishment and Revision of Some Local Regulations at the 11th Session of the Standing Committee of the 10th People’s Congress of Jilin Province on June 18, 2004; and revised in accordance with the Decisions of the Standing Committee of Jilin Provincial People’s Congress upon the Revision of the Regulation of Jilin Province on Land Administration and 7 Local Regulations at the 21th Session of the Standing Committee of the 12th People’s Congress of Jilin Province on November 20, 2015)

  

    Article 1. These Regulations are formulated for the purposes of inheriting and developing the traditional Chinese medical science and pharmacology, developing the career of traditional medical science, giving full play to the characteristics and advantages of the traditional medical science and pharmacology and in accordance with the constitution, relevant laws and administrative regulations and in the light of the factual circumstances of this province.

    Article 2. All the units and individuals, that carry out the medical activities (including prevention, health protection and recovery), the education of traditional Chinese medical science and pharmacology, the scientific research for traditional Chinese medical science and pharmacology and the administrative management of traditional Chinese medical science using the theories and methods of traditional Chinese medical science and pharmacology within the administrative divisions of this province shall observe these Regulations.

    Article 3. The people's governments at all levels shall strengthen their leadership to the work of traditional medical science and adhere to the policy of combining traditional Chinese and Western medicine equally.

    The administrative managing departments of traditional medical science of the people's governments at the county level and upwards shall be responsible for the administration of traditional medical science within their own administrative divisions.

    Article 4. The people's governments at all levels shall bring the development of the career of traditional medical science into the overall plans for national economy and social development in their own administrative divisions, improve the systems of traditional Chinese medical treatment, education and scientific research for traditional Chinese medical science and pharmacology and administration of traditional medical science step by step.

    Article 5. The people's governments at all levels shall increase the investment in the career of traditional medical science step by step on the basis of economic develop, establish and increase the special funds correspondently to support the important items of traditional Chinese medical treatment, education and scientific research for traditional Chinese medical science and pharmacology.

The funds for traditional Chinese medical career and the special funds for the development of traditional Chinese medical science shall be used for the fixed purposes and shall not be embezzled for other usage.

Article 6.  The people's governments at all levels encourage the organizations and individuals home and abroad to invest or donate to develop the career of traditional Chinese medical science.

Article 7. The setting up of the medical establishment of traditional Chinese medical science shall be brought into the plans for development of regional public health.

Traditional Chinese medical establishments should be set up in the administrative divisions of the province, municipalities (prefectures) and counties (cities), the places with good conditions shall set up special sections of traditional Chinese medical science, medical establishments of combining traditional Chinese and Western medicine and of minority doctors.

Synthetic hospitals at the county level and upwards shall set up the sections (offices) of traditional Chinese medical science or of combining Chinese and Western medicine, and certain amounts of hospitalized beds for the cure of traditional Chinese medical science and of combined Chinese and Western medicine.

The hospitals of township (town, residential district) shall set up traditional Chinese medical sections (offices) or provide personnel of traditional Chinese medical science and pharmacology.

Village clinics with good conditions shall develop traditional Chinese medical services.

Article 8. The scale and inner construction of the establishments of traditional Chinese medical science shall be in accordance with the basic standards for medical establishments.

Article 9. To set up the establishments of traditional Chinese medical science by any units or individuals, they shall, in accordance with relevant provisions on the administration of medical establishment by the state and this province, transact the formalities in the departments in charge of the work of administrative management of traditional Chinese medical science under the people's governments at the county level and upwards.

The cancel and incorporation of the establishment of traditional Chinese medical science or the changes of their names, natures of ownership and service scopes of shall be ratified by the original departments of examination and approval.

Article 10. For engaging in the activities of practicing professional work of the doctors of traditional Chinese medicine, they must gain the doctors' qualifications for practicing medicine, register to get the certificates of practicing professional work, and then they may carry out the activities.

Article11. Any units or individuals shall observe the following provisions to engage in the activities of traditional Chinese medicine:

1)No usage of nonprofessional personnel of hygienic technique for the work of medical and health technique of traditional Chinese medicine;

(2)No making out the medical certificates such as false medical certificates of diseases, health certificates, etc;

(3)No usage of fake drugs and drugs of low quality;

(4)No selling, transferring, renting or lending the Permit for Practicing Professional Work of Medical Establishments;

(5)To develop the activities of making diagnoses and giving treatments according to the diagnosis-treatment items that have been examined, approved and registered;

(6) To check the Permit for Practicing Professional Work of Medical Establishment according to the stipulations of the state;

(7)Scrupulously abide by the professional ethics of medical personnel; and

(8) To perform the medical technique standards.

 Article 12. Any units or individuals shall report to the administrative departments in charge of traditional Chinese medicine for examination according to the relevant provisions on the administration of medical advertisement by the state and the province when they publicize the advertisements for traditional Chinese medical treatment; to those satisfying the requirements, the administrative departments in charge of traditional Chinese medicine of the provincial people's government shall award the Certificates of Medical Advertisement Examination.

 The advertisement operators undertaking or acting for the advertisements for traditional Chinese medicine must be verified the original Certificates of Medical Advertisement Examination and shall design, make and promulgate them according to the contents approved; as of those failing to get the Certificates of Medical Advertisement Examination for traditional Chinese medicine, the operators shall not undertake or act for them.

 Article 13. The medical establishments of traditional Chinese medicine shall initiatively develop the work of medical health care of traditional Chinese medicine in communities to provide convenient medical services for the community residents.

 Article 14. The people's governments at all levels shall support the career of traditional Chinese medicine in rural areas and bring the work of traditional Chinese medicine in rural areas into the developing plans for preliminary hygienic protection.

 The medical establishments of traditional Chinese medicine in urban areas shall help those in rural areas to improve their medical capabilities and levels by means of personnel training, technical directing, circuited medical treating and supporting with equipments.

 The personnel of traditional Chinese medicine are encouraged to go to the rural areas to lead or set up the medical establishments of traditional Chinese medicine or engage in the medical work of traditional Chinese medicine.

 Article 15. The people's governments at all levels encourage the medical establishments of traditional Chinese medicine to develop medical activities abroad in accordance with law.

 Article 16. All the relevant units shall treat the medical establishments of traditional Chinese medicine and the Western medical institutions equally:

 (1) Insurance medical treatment;

 (2) Injury medical treatment; and

 (3) Medical treatment under other social security systems.

 Article 17. The medical establishments of traditional Chinese medicine shall establish reasonable system of charge and administration. The items and standards of charge shall be executed in accordance with the relevant provisions stipulated by the state and the province.

 Article 18. The people's governments at the county level and upwards shall pay much attention to and develop the education of traditional Chinese medical science and pharmacology, cultivate the talents for traditional Chinese medicine and pharmacology in a planned way, strengthen the adult education and continuing education of traditional Chinese medicine and pharmacology to improve the quality of the technical personnel and managers of traditional Chinese medicine and pharmacology.

 Article 19. Colleges, universities and secondary schools of traditional Chinese medicine and pharmacology shall strengthen the teaching of basic theories of traditional Chinese medicine and pharmacology, attach importance to the study of the clinical experiences of traditional Chinese medicine and the medical theories of Western medicine. Other colleges, universities and secondary schools of medicine and pharmacology with conditions shall establish courses in basic theories and skills of medicine and pharmacology.

 The colleges and universities of medicine and pharmacology fulfilling the state's requirements shall attach importance to the cultivation of postgraduates of the courses of traditional Chinese medicine and pharmacology and those of the combination of traditional Chinese and Western medicine.

 Article 20. The departments in charge of the administration of traditional Chinese medicine of the people's governments at the county level and upwards shall organize to develop the indenture education to inherit the academic experiences from the experts in traditional Chinese medicine and pharmacology.

 The detailed carry-out measures for the indenture education shall be laid down otherwise by the departments in charge of the administration of traditional Chinese medicine of the provincial people's government together with other relevant departments of this province.

 Article 21. The departments in charge of the administration of traditional Chinese medicine of the people's governments at the county level and upwards shall organize to do well the work of the construction of the major courses of traditional Chinese medicine and pharmacology and of the cultivation of the ring leaders of courses, the mid-age and young technical backbones and the personnel of traditional Chinese medicine and pharmacology in rural areas.

 The units of traditional Chinese medical treatment and of the education and scientific research of traditional Chinese medicine and pharmacology shall do a good job in cultivating the talents of their own units.

 Article 22. The departments in charge of the administration of traditional Chinese medicine of the people's governments at the county level and upwards shall do a good job of inheriting the academic experiences from the famous and old experts in traditional Chinese medicine and pharmacology selected by the state and the province.

 During the period of cultivating the academic successors to the famous and old experts in traditional Chinese medicine and pharmacology, the experts may get the teaching allowance from their work units in accordance with the relevant provisions. After getting the certificates of finishing their apprenticeships and passing regulated procedures of professional evaluation and appointment-employment, the academic successors shall be promoted to the one-degree higher position of professional skill and be not restrained by the numbers of the positions in their work units.

 Article 23. It is encouraged that Western medicine personnel study and apply the traditional Chinese medicine, and that the traditional Chinese medicine personnel study and apply Western medicine and the correlative modern science and technology.

 

 Article 24. The people's government at all levels and the relevant departments shall attach importance to the scientific research and technological development of traditional Chinese medicine and pharmacology, and strengthen the construction of scientific research institutions of traditional Chinese medicine and pharmacology.

Article  25. The scientific research of traditional Chinese medicine and pharmacology shall take the research on clinical practice as the main feature, strengthen the research on basic theories, prevent and treat the diseases encountered commonly, occurred highly and prevalently and the difficult and complicated cases and the research work of the development of traditional Chinese medicine and the reforms in the forms of traditional Chinese medicine through the methods of utilizing traditional Chinese medicine and pharmacology and modern science and technology.

Article 26. The people's governments at all levels shall make a full use of the resources of Chinese  medicinal herbs of our province, organize relevant departments to research and develop new varieties of traditional Chinese medicine that have the competitive strength in the medical markets home and abroad.

Article 27. The administrative departments in charge of traditional Chinese medicine of the people's governments at the county level and upwards, and the units of traditional Chinese medical treatment and of the education and scientific research on traditional Chinese medicine and pharmacology, shall strengthen the work of promotion and application of the scientific achievements in traditional Chinese medicine and pharmacology, improve the construction and development of the scientific and technological markets of traditional Chinese medicine and pharmacology.

Article 28. The people's governments at all levels shall encourage the people from all lines of the society to donate the diagnosis-treatment measures of traditional Chinese medicine with distinctive curative effect and valuable documents, secret and effective recipes on traditional Chinese medicine and pharmacology.

The intellectual property right of traditional Chinese medicine and pharmacology is protected by law.

Article 29. The legal holders of the diagnosis-treatment measures of traditional Chinese medicine and the secret and effective recipes on traditional Chinese medicine and pharmacology with distinctive curative effect may cooperate according to law with the scientific research units, enterprises or establishments of medical treatment home and abroad to engage in the activities of researches and development.

 Article 30. The education and scientific research units of traditional Chinese medical treatment and traditional Chinese medicine and pharmacology should strengthen the arrangement and research on the diagnosis-treatment measures with distinctive effect and valuable documents, secret and effective recipes on traditional Chinese medicine and pharmacology, and the exchange of scientific and technological information of traditional Chinese medicine.

Article 31. The education and scientific research units of traditional Chinese medical treatment and traditional Chinese medicine and pharmacology shall positively develop the international exchanges and cooperation of education and scientific research of traditional Chinese medical treatment and traditional Chinese medicine and pharmacology to promote their extensive application in the scope of the world.

Article 32. In the related units, the experts in traditional Chinese medicine and pharmacology shall be the main part of the participants in developing the following activities:

(1) The evaluation of the positions of professional skill of the personnel of traditional Chinese medicine and pharmacology;

(2) The establishment of the items of scientific problems of traditional Chinese medicine and pharmacology, the appraisement and decision on awards of the scientific achievements;and

(3) The appraisement of the medical malpractices of traditional Chinese medical treatment.

Article 33. The academic organizations of traditional Chinese medicine shall play a role in the activities of academic exchanges, the popularization of traditional Chinese medical knowledge and the consultation of traditional Chinese medicine and serve for advancing the development of the career of traditional Chinese medicine.

Article 34. The people's governments at the county level and upwards and their administrative departments of traditional Chinese medicine shall give commendation or award to the units and individuals having any of the following circumstances:

(1)To those obtained outstanding achievements in arranging, researching or developing the diagnosis-treatment measures of traditional Chinese medicine and the documents, secret and effective recipes of traditional Chinese medicine and pharmacology;

(2)To those donating the diagnosis-treatment measures of traditional Chinese medicine with distinctive effect and the documents, secret and effective recipes of traditional medical and pharmacology  with high academic value;

(3)To those famous and old experts in traditional Chinese medicine and pharmacology obtained prominent achievements in the work of cultivating successors; and

(4)To those got prominent results in aiding financially the development of the career of traditional Chinese medicine.

Article 35. Those having any of the following circumstances shall be punished by the related administrative departments according to law; where a crime is constituted, the criminal responsibility shall be investigated for by judicial organs:

(1)Those failing to go through the formalities in accordance with the state’s or the provincial relevant provisions on the administration of medical establishments when setting up the of traditional Chinese medicine;

(2)Those doctors engaging in the activities of practicing professional work of traditional Chinese medicine without the qualification of practicing professional work prescribed by law and regulations;

(3)Those violating the provisions of laws, regulations and rules in developing the activities of traditional Chinese medical treatment;

(4)Those violating the relevant provisions on the administration of medical advertisement by the state and the province to publicize the advertisements for traditional Chinese medical treatment; and

(5)Those failing to go through the formalities in accordance with the state's or the provincial relevant provisions when they carry out the activities of the education of formal-schooling record and the training of professional qualification with the contents of traditional Chinese medicine and pharmacology and the auxiliary education for teach-oneself examinations in traditional Chinese medicine and pharmacology.

Article 36. The administrative personnel, who seek private gains through power, indulge in malpractice and neglect of their duties, shall be given disciplinary sanctions by their work units, the superior organs or other relevant competent departments; if a crime is constituted, the judicial organs shall investigate for the criminal responsibilities in accordance with laws.

Article 37. These Regulations shall become into effective as of the date of promulgation.