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Measures for the Administration of Medical Advertising

Article XNUMX In order to strengthen the management of medical advertisements and protect people's health, these Measures are formulated in accordance with the provisions of the Advertising Law, the Regulations on the Administration of Medical Institutions, the Regulations on Traditional Chinese Medicine and other laws and regulations.
Second The term “medical advertisements” as mentioned in these Measures refers to advertisements that directly or indirectly introduce medical institutions or medical services through various media or forms.
Article 3 Medical institutions that publish medical advertisements shall apply for medical advertisement review before publishing.Medical advertisements shall not be published without obtaining the Medical Advertisement Examination Certificate.
Article 4 The administration for industry and commerce shall be responsible for the supervision and administration of medical advertisements.
The administrative department of health and the administrative department of traditional Chinese medicine shall be responsible for the examination of medical advertisements, and to supervise and manage medical institutions.
The fifth Non-medical institutions shall not publish medical advertisements, and medical institutions shall not publish medical advertisements in the name of internal departments.
Article XNUMX Medical advertising content is limited to the following items:
(XNUMX) The first name of the medical institution;
(XNUMX) The address of the medical institution;
(XNUMX) the form of ownership;
(XNUMX) Types of medical institutions;
(XNUMX) Medical subjects;
(XNUMX) The number of beds;
(XNUMX) The time of the consultation;
(XNUMX) Contact number.
The content published in items (XNUMX) to (XNUMX) must be consistent with the content stated in the "Practice License for Medical Institutions" issued by the health administrative department and the traditional Chinese medicine management department or its copy.
Article XNUMX The manifestations of medical advertisements shall not contain the following circumstances:
(XNUMX) Involving medical technology, diagnosis and treatment methods, disease names, and drugs;
(XNUMX) Guaranteed cure or implicit guarantee of cure;
(XNUMX) Propagating the cure rate, effective rate, and other diagnosis and treatment effects;
(XNUMX) Obscene, superstitious and absurd;
(XNUMX) Belittling others;
(XNUMX) Using the names and images of patients, health technicians, medical education and scientific research institutions and personnel, and other social associations and organizations as proofs;
(XNUMX) Using the name of the People's Liberation Army and the Armed Police Force;
(XNUMX) Other circumstances prohibited by laws and administrative regulations.
eighth Medical institutions that publish medical advertisements shall apply to the provincial health administrative department where they are located, and submit the following materials:
(XNUMX) "Medical Advertisement Review Application Form";
(XNUMX) The original and photocopy of the duplicate of the Medical Institution Practicing License, and the photocopy shall be affixed with the official seal of the health administrative department that issued the Medical Institution Practicing License;
(XNUMX) Samples of finished medical advertisements.For TV and radio commercials, shot scripts and radio scripts can be submitted first.
Medical institutions of traditional Chinese medicine, integrated traditional Chinese and Western medicine, and ethnic medicine medical institutions that publish medical advertisements shall apply to the provincial traditional Chinese medicine administrative department where they are located.
Article XNUMX Provincial health administrative departments and traditional Chinese medicine administrative departments shall review the contents of the finished medical advertisement samples within 20 days from the date of acceptance.If the health administrative department and the traditional Chinese medicine management department need to invite relevant experts to review, it can be extended for 10 days.
For medical advertisements that have passed the examination, the provincial health administrative department and the traditional Chinese medicine management department will issue a "Medical Advertisement Examination Certificate", and publicize the medical advertisement sample that has passed the examination and the issued "Medical Advertisement Examination Certificate"; Qualified medical advertisements shall notify the medical institution in writing and inform the reasons.
Article XNUMX Provincial health administrative departments and traditional Chinese medicine administrative departments shall record and preserve the samples of finished medical advertisements and review opinions that have been reviewed.
Article XNUMX The formats of "Application Form for Medical Advertisement Examination" and "Medical Advertisement Examination Certificate" are prescribed by the Ministry of Health and the State Administration of Traditional Chinese Medicine.
Article XNUMX The provincial health administrative department and the traditional Chinese medicine administrative department shall, within five working days from the date of issuing the "Medical Advertisement Examination Certificate", copy the "Medical Advertisement Examination Certificate" to the local administration for industry and commerce at the same level.
Article XNUMX The Certificate of Medical Advertising Review is valid for one year.If it is still necessary to continue to publish medical advertisements after the expiration date, the application for review shall be re-submitted.
Article XNUMX When publishing medical advertisements, the first name of the medical institution and the document number of the "Medical Advertisement Examination Certificate" shall be marked.
Article XNUMX Medical institutions that publish outdoor medical advertisements should go through the registration process in accordance with the “Regulations on the Registration of Outdoor Advertisements” after obtaining the “Medical Advertisement Examination Certificate”.
Medical institutions are not required to apply for medical advertisement review and outdoor advertisement registration when they mark outdoor advertisements containing only the name of the medical institution in their legal control zone.
Article XNUMX It is forbidden to publish medical advertisements in the form of news, special sections (columns) of medical information services or in disguised form.
For publicity content such as interviews and special reports about medical institutions, the name of the medical institution may appear, but the medical advertisement content such as the address and contact information of the relevant medical institution shall not appear; advertise.
Article XNUMX Medical institutions shall publish medical advertisements in accordance with the content and media categories of finished advertisement samples approved by the "Medical Advertisement Examination Certificate".
If the content of the medical advertisement needs to be modified or the practice of the medical institution changes, and it does not match the content of the reviewed medical advertisement sample, the medical institution shall file a new application for review.
Article XNUMX When advertising operators and advertisement publishers release medical advertisements, their advertisement examiners shall check the "Medical Advertisement Examination Certificate" to verify the advertisement content.
Article XNUMX In any of the following situations, the provincial health administrative department and the traditional Chinese medicine administrative department shall withdraw the "Medical Advertisement Examination Certificate" and inform the relevant medical institutions:
(XNUMX) The medical institution has been suspended for rectification and its "Medical Institution Practicing License" has been revoked;
(XNUMX) The medical institution is closed, closed or cancelled;
(XNUMX) Other circumstances under which the "Medical Advertisement Examination Certificate" should be withdrawn.
Article XNUMX If a medical institution publishes medical advertisements in violation of the provisions of these Measures, the local health administrative department at or above the county level and the administrative department of traditional Chinese medicine shall order it to make corrections within a time limit and issue a warning; if the circumstances are serious, the administrative department of health, the administrative department of traditional Chinese medicine that issued the "Practice License for Medical Institutions" shall order it to make corrections within a time limit. The management department may order it to suspend business for rectification, revoke relevant diagnosis and treatment subjects, and even revoke the "Medical Institution Practicing License".
Those who publish medical advertisements without obtaining the "Practice License of Medical Institutions" shall be punished as illegal medical practice.
Article XNUMX Where a medical institution tampers with the content of the "Medical Advertisement Examination Certificate" to publish medical advertisements, the provincial health administrative department and the traditional Chinese medicine management department shall revoke the "Medical Advertisement Examination Certificate" and reject the medical institution's application for advertisement examination within one year.
After the provincial health administrative department and the traditional Chinese medicine administrative department revoke the "Medical Advertisement Examination Certificate", they shall notify the industry and commerce administrative department at the same level within 5 working days from the date of making the administrative decision, and the industry and commerce administrative department shall investigate and punish according to law.
Article XNUMX The administrative authority for industry and commerce shall punish advertisers, advertising operators and advertising publishers who violate the provisions of these Measures in accordance with the Advertising Law and the Anti-Unfair Competition Law. Suspend the publication of medical advertisements for one month until the advertisers and advertisers are disqualified for medical advertisement management and publication.Where the laws and regulations do not provide, the industry and commerce administrative authority shall issue a warning to the responsible advertisers, advertising operators and advertisement publishers or impose a fine of not less than XNUMX yuan but not more than XNUMX yuan; The management organ may, in conjunction with the health administrative department and the traditional Chinese medicine management department, make a determination as needed.
Article XNUMX These measures shall come into force on March 2007, 1.

 

Article source: http://www.gov.cn/ziliao/flfg/2006-11/28/content_455183.htm

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